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Author Topic: offer o r not .......  (Read 1329 times)

dgatl

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Re: offer o r not .......
« Reply #10 on: November 27, 2004, 11:07:47 PM »
  Allan wrote a letter to Bob asking "Will you sell me your
Rolls-Royce? Please
reply indicating your lowest price. "  Bob replied in a short note
"Lowest price for my
Rolls $24,000.00. " Allan immediately replied "I agree to buy your
Rolls for
$24,000.00."
Do you think Bob should be obliged to sell his Rolls to Allan? Would it
make a difference to you if Bob's letter had read "Lowest price
acceptable for my Rolls would be $24,000.00" or had read "I am prepared to
sell you my Rolls for $24,000.00?"


No, there are two questions here.  1) Will you sell. 2) Lowest price.  A price quotation by itself is genereally not an offer.

No indication of intent to be bound.

Check Owen v Tunison and Harvey v Facey

joshdelight

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Re: offer o r not .......
« Reply #11 on: December 01, 2004, 01:07:32 PM »
You can be a contrarian, but are you certain you're not confusing Bob and Allen in the response.

For example, you wrote
Bob's first note was not an offer because it did not create a power of acceptance in Allan. Bob did not indicate anything other than an interest to commence negotiations, as he asked for a quote, which indicates that he could reject Allan's price.

Which appears to correspond to the following in the original hypo
Allan wrote a letter to Bob asking "Will you sell me your
Rolls-Royce? Please
reply indicating your lowest price. "
I transposed Allan and Bob... 48 hours of no sleep will do that to a guy. My colleagues, however, better expressed my point (without my error)--Allan's first message merely expressed his interest in commencing negotiations with Bob over the purchase of the Rolls, and was therefore not an offer.
Wouldn't it be grand if our Department of Defense was not offensive?