CONTRACT LAW QUESTION!! HELP!

[akay77]

Both questions are 2000 words each, and im confused on what topics to include in my essay.

Many thanks!


Cyril, an antique dealer, tells Debbie, a law student, that a vase she is admiring is: “a genuine piece of Chinese porcelain worth £10,000 which once belonged to a famous judge, Lord Denning.”  Debbie examines the vase for five minutes but fails to notice that the base is stamped, “Made in England, 1995”.  She purchases the vase immediately after examining it.  Six months later Debbie discovers that the vase is not an antique and has never belonged to Lord Denning.  When she tries to recover her money from Cyril he replies that she should have seen for herself that the vase was not an antique and that anyway nobody would care whether or not it had belonged to a retired judge which was irrelevant to the sale. Also he says Debbie should have been aware of the notice (2’ x 2’) on the shop wall which stated “Beware: Customer’s liable to pay for breakages.  Management not liable for any injury to persons or property or for any warranty express or implied as to age, value or provenance of any item sold”.

Advise Debbie.



2.   A is in London, B is in Bristol.  A telexes B in the following terms:  “I am    prepared to sell you my car for £5,000, let me know if you are interested”.

   Discuss the following separate and alternative circumstances:

   a)   B telexes/faxes back immediately:  “I accept your offer, but on my          standard terms and conditions of purchase”.

   b)   B replies by Post accepting A’s offer.  The letter is delayed in the post
      and takes a week to reach A.  In the meantime, A has sold the car to D.

   c)   The facts as in (b) except that B immediately after sending the letter
sends a telex/fax indicating that he has changed his mind and no longer wants the car.


        d)   B telephones A four days later to accept A’s offer but at 7pm an answering machine invites B to leave a message.  He does so, indicating that he accepts A’s offer.  At 9.15 the next morning, A sells the car to D.  At 9.30am A switches on his answering machine and hears B’s message.

[mf22076]

um....these questions are not 2000 words. 

[akay77]

sorry have up to a 2000 word limit!

[akay77]

i just needed help on what topics to include.

[bryan9584]

1. Didn't really do warranty, but look to the UCC about warranty of sale. Also, some kind of fraud and misrepresentation/unconscionably.

2. Is the first telefax an offer? Is there something left open. I would say that it was an invitation to make an offer, but it would need to be known whether there was prior communication because that could make it an offer since it depends on the facts and circumstances of each case.

a) most likely a counteroffer, Under common law it would be under "mirror image rule". even though sale of goods, always good to mention what common law would be. Since its UCC, sale of goods, tend to be more flexible. Under UCC would not be an acceptance because it is expressly conditioned on the standard terms. However, if thats the practice in the industry, it might be reasonable.


b) mailbox rule. If original telefax was an offer, then when it was put into the mail and out of the offeree's possession, then it becomes a valid acceptance. If not original offer, then only a counter-offer and becomes effective upon receipt.

c) if original telefax was an offer- it doesn't matter, already accepted. If not original offer, then rejection was received first and eliminated counter-offer and not able to accept.

d) that ones a little tricky, and might be a modified form of the mailbox rule. You could argue that the acceptance had been put out of his possession and it was reasonable under the circumstances so it was a valid acceptance if the original telefax was an offer. But if not offer, then only counter-offer.

hope that helps

[Stole Your Nose!]

WTF.  Don't help people violate their honor codes.  It makes you as bad as them.

Posting an assignment for class and saying "Tell me what to write about" is not the same thing as asking someone to help explain a concept to you.

[akay77]

Thanks for the help guys, positive or negative criticism allows rooms for improvement, whether it is me or someone else benefiting from this post.  Im sure im not the only guy who needs help, But thanks anyway it did help!

[Matthies]

1. Didn't really do warranty, but look to the UCC about warranty of sale. Also, some kind of fraud and misrepresentation/unconscionably.

Does the UCC apply in the UK?

[akay77]

if any one else has any other views towards this question feel free to comment!... and "stole your nose" - get over it!

[vap]

I don't believe this guy/gal. 

Dishonest enough to post a school assignment online and ask for help.
Honest enough to not deny that it is a school assignment?

Weird.