Law of Obligation Essay Example | Topics and Well Written Essays - 3000 words

Law of Obligation - Essay Exampleif the ply is accepted exclusively if the other party alters the term of his adoption, it becomes a counter- cristal and has the effect of effacing the original declare oneself. The second party then becomes the offerer and the first party the acceptor. If the counter-offer is accepted, then the agreement is concluded. 2 The principle in English law is that an acceptance which is not the mirror image of an offer does not give rise to a contract it is regarded as a counter-offer, not an acceptance 3 This principle was first enunciated and laid down by the courts in the case of Hyde v. Wench.4In the aforesaid case, a party offered to sell a piece of land he owns for 1,200 to another but was declined by the latter. He made another offer, lowering it to 1,000 to which the other party responded by offering to pay the same for 950. The first party asked for time to reconsider and several days aft(prenominal) wrote a letter to the first party declarin g that he would make a definite answer on a fixed future. A day after the fixed date, the first party refused, in a letter, the offer of the second party. The second party wrote back stating that he is accepting the earlier offer in which the selling price is at 1000. The Court, after appraisal of the facts of the case said that the effect of a counter-proposal is an implied rejection of the offer to which it is responding toApplying the above principle to the case at hand, the first advertisement becomes the first offer but since Justine wanted to lower the price at 2,250 from the original price of 3,000, then the original offer was vacated and the new offer is the one proffered by Justine. There was no acceptance by Charles but yet another offer at the price of 2,500 to which Justine did not immediately accept. When Justine finally accepted, it was several days after through a telephone message. This did not however reach Charles because the message was inadvertently erased by hi s nephew who was playing around with the