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Hi,
I had a doubt regarding the following;
A puts up an advert in her shop to sell her phone for 100.
X texts her : Would you take 75
A replied : No afraid not.A then replies,okay I will pay 100.
My confusion is;
‘X texts her : Would you take 75’
Would this be an inquiry or offer?My confusion is why A is offering to buy her own phone 😀
Anyway, while that is not really necessary for the exam, I’d assume it’s an intention to treat. A can come back and offer the phone at 75 by say she would accept it.
That text “Would you take 75?” is an enquiry
The advert is still open so “Ok I’ll pay 100” is an offer
Ok?
Tony means “an invitation to treat”, not an “intention to treat”
Either way, we’ve not progressed far down the road towards establishing a contract. All we have so far in an invitation and an enquiry!
Sorry that was a mistake on my part.
I meant X replied saying he’ll give 100.
Hm, alriight.
However if A were to reply yes to X’s question (would you take 75), wouldn’t it become binding?
Thereby making X’s text an offer?I think arguably it could be seen as an offer given the circumstances surrounding the statement.However,I tend to think it might still be viewed as an enquiry about price not as a legal offer that could be accepted and form a binding contract.The actual offer and acceptance would probably arise further on in the transaction as arrangements for payment and hand over of phone were made.As it stands A could text X back writing yes he would accept 75 for phone and then sell the phone to another party and x would have no legal recourse as no contract would exist.
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