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As per the example given in chapter 4 lecture 10(contractual terms) Binnita and sandra (Opera concert example) where Binnita had earlier informed the organizer about her inability to attend the concert, what if the organizer had agreed to Binnita’s request, would the request be considered as counter offer and If the organiser had agreed to Binnita would it be considered as acceptance??
If the promoter of the 4 concerts had accepted Bettini’s request to set aside the original contract for 4 performances and replaced it with the requested shorter arrangement then, yes.
Bettini was giving notification of anticipated breach and the promoter would have accepted that the contract was terminated
But a new contract was arising in the place of the old terminated contract
However, let’s get practical about this! The cancellation of 4 (or even just 2) concerts is not something that happens on a whim! It’s not like saying “I’ll not have chicken for dinner this evening. I think I’ll have the vegetarian option”
If the promoter had accepted Bettini’s revised terms, that would have represented a variation in the terms of the original contract and would have required some form of consideration moving from Bettini in order for Bettini to be able to rely on that revised contract’s terms
OK?
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