Law School Discussion

offer o r not .......

dgatl

Re: offer o r not .......
« Reply #10 on: November 27, 2004, 09:07:47 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

Re: offer o r not .......
« Reply #11 on: December 01, 2004, 11:07:32 AM »
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.