Question & Answer: 1. Briefly explain whether or not x and y are in a contractual relationship by identifying the relevant legal issues…..

1. Briefly explain whether or not x and y are in a contractual relationship by identifying the relevant legal issues:

A. X offers to sell Y his car for $500 and Y makes a counter- offer of $ 400.00 . X declines.

B.X agrees to give Y $100,000 and to emphasise his sincerity, he puts his promise in a deed.

2. In Carlill V Carbolic Smoke Ball Co. (1893) 1QB 256, the defendant manufacturer of an influenza preparation , promised to pay £ 100 to any purchaser who used their product in accordance with the directions , and caught influenza. The plaintiff Mrs. Carlill, purchased the product , used it in accordance with the directions and caught influenza . She sued the company for for breach of contract. Was there a valid offer by the company to pay her £100 on contracting the disease? Did Mrs Carlill validly accept any offer of the company?

3. Using relevant case law, explain the difference between an offer and an invitation to treat

Expert Answer

Answer

1. A. No, they are not in a contractual relationship because there is an offer and counter offer made from both parties but there is no acceptance of the offer. Also there is no legal and valuable consideration that happened between them. Therefore there is no contractual relationship.

B. Yes, they are in a contractual relationship. This contract is called contract by deed. When it is said that he puts his promise in deed, it means is a deed of formal legal evidence.

Still stressed from student homework?
Get quality assistance from academic writers!