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Is request of Installment consider as counter offer?

LLim6y ago
On Sunday, 1st July 2019, A heard from his friend named N, that T, a former colleague wishes to sell his nursery business called “Chip n Munk” for 2 million. A visits the nursery and seems to be interested to purchase nursery business. T wrote a letter of offer to A on 10th July 2019 stating that “if A agrees with the offer and responds through a letter within a week, the business will be sold to him.” However, A replies and says that “he can only afford it if he could pay for it in four installments”. T does not respond. Later that day, T receives a message on Facebook from his friend, S, saying “I heard you are selling your nursery. I would like to buy it for 1.9 million.” On 16th July 2019, A sends a letter by Pos services to T accepting T offer and in the letter, he enclosed a cheque for the sum of 2 million. On the same day, T replies S message on Facebook accepting S offer and giving him instructions on the payment details. On Sunday, 17th July 2019, A heard from a mutual friend that T had sold his nursery business to S. On Monday morning of 18th July 2019, A approaches T at his nursery and asks T if he has received his letter to which T replied that he had not. T also informed A that he had sold the nursery to S for 1.9 million. A was disappointed and very furious. On returning home that evening, T finds A's letter in his room. His wife informed him that it came by courier that afternoon. Advise A on the two matters below: i) whether he has any action against Theodore for breach of contract; ii) whether Theodore could revoke his acceptance.
MikeLittleMikeLittleTutor6y ago#1
No, a request for instalment facility is not a counter-offer OK?
LLim6y ago#2
Okay, thank you. Another quick question, In this situation T have a contract with A because the offer is still on and he have actions against the breach of contract right? In the meantime, he also can't revoke the acceptance made with S.
MikeLittleMikeLittleTutor6y ago#3
Agreed, and agreed OK?
LLim6y ago#4
okay. For this situation, both A and T have a binding contract, T has an action against a breach of contract. And T can't revoke his offer with A after acceptance is made, because acceptance is made when the letter of acceptance is posted out due to poster rule. So A could bring to court and have a high chance to win this case. Am I right?
MikeLittleMikeLittleTutor6y ago#5
Are you in the same group as Xuan? Xuan has posted the exact same question! I suggest that you get together and discuss what you believe the answer to be and then post on this forum and, at that stage, I'll tell you if I agree OK?
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