Question:
Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : Acceptance must be communicated to the offeror to constitute a binding contract. Mere intention to accept, without communication does not lead to a contract.
Facts : J wanted to purchase her uncle T’s television. J wrote a letter to T indicating that she wished to purchase his television for ₹5,000. T was pleased with J’s offer and decided to call J to accept the offer. T called J twice, but J did not pick up her phone. The next day, T found a buyer for the television for ₹6,000 and sold the television to this buyer. J is alleging breach of contract.
Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : Acceptance must be communicated to the offeror to constitute a binding contract. Mere intention to accept, without communication does not lead to a contract.
Facts : J wanted to purchase her uncle T’s television. J wrote a letter to T indicating that she wished to purchase his television for ₹5,000. T was pleased with J’s offer and decided to call J to accept the offer. T called J twice, but J did not pick up her phone. The next day, T found a buyer for the television for ₹6,000 and sold the television to this buyer. J is alleging breach of contract.
Principle : Acceptance must be communicated to the offeror to constitute a binding contract. Mere intention to accept, without communication does not lead to a contract.
Facts : J wanted to purchase her uncle T’s television. J wrote a letter to T indicating that she wished to purchase his television for ₹5,000. T was pleased with J’s offer and decided to call J to accept the offer. T called J twice, but J did not pick up her phone. The next day, T found a buyer for the television for ₹6,000 and sold the television to this buyer. J is alleging breach of contract.
Updated On: Aug 4, 2024
- J will be unsuccessful because even though the contract was binding, T found a buyer who offered a higher price for the television
- J will be successful because T’s action of calling J is equivalent to communication of acceptance
- J will be successful because T was happy with J’s offer and had intended to accept
- J will be unsuccessful since T’s acceptance had not been communicated to constitute a binding contract
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The Correct Option is D
Solution and Explanation
The correct option is (D) : J will be unsuccessful since T’s acceptance had not been communicated to constitute a binding contract.
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