Business and Law Essay

1) The first thing to fill is whether there is a valid hold in the midst of adenosine deaminase and Ben on purchasing Bens BNW car. A valid geld consists of offer, acceptance and consideration. An offer is a definite ascertain or proposal do by the offeror with the serious intention of being bound by such promise or proposal, if it is accepted by the offeree. In this case, Adas earn on requesting Ben to sell his BNW car for $80,000 should compose an offer. It is because the terms are in a definite form capable of being accepted in identical terms. An agreement comes into existence after the offeree unconditionally accepts the offer. On the second day, Ben accepted Adas offer and an agreement has been made as Ben replied Ada Sure by voicemail. As Ada did non clearly indicate the method of acceptance, the instantaneous voicemail message left by Ben is counted as a valid method. However, as the postal rule does non apply to situations where the acceptance of an offer is communi cated by any instantaneous methods, the curve is complete only when the acceptance is received by the offeror in such methods.In Entores Ltd v miles Far East Corp, a urge on was made between the parties only when the offerees acceptance was received by the offeror. Therefore, as Ben used voicemail, which is also a kind of instantaneous means, as an acceptance method, a valid contract will only be made when Ada received and listened to Bens voicemail. So no contract was made in this stage yet. However, Ben then changed his mind and sent a letter of revocation to Ada. The signifi slewt part then appeared. Although Ben sent a voicemail message to accept Adas offer first, and posted a revocation letter to Ada afterwards, the letter reached Ada earlier than the voicemail. agree to the general rule, the revocation of an offer becomes binding when it comes to the knowledge of the offeree and an offer can be revoked at any time before its acceptance. And at the second Ada received Bens revocation letter, she still have non received Bens voicemail acceptance. As I analyzed before, for instantaneous methods, the contract is only complete when the acceptance received it, not based on the moment of sending. Bens revocation has already become effective when it reached Ada and the contract was not completed. Hence, no valid contract was made between them.