English court hierarchy Essay Example | Topics and Well Written Essays - 1000 words

English court hierarchy - Essay Example There are two main questions that need to be asked and answered in this case; (i) whether Edward's acceptance of David's offer is binding on David, and (ii) whether David's revocation of his offer is effective against EdwardAn offer is made when a person makes a definite promise to do or to abstain from doing something and it becomes binding when it is accepted by whom it is addressed to An offer may be either verbal and written. In this case, David's action by writing to Edward on 1st December offering to sell him a range of office supplies would constitute a written offer.An acceptance is where the offeree indicates his assent to the offer by words or conduct. The general rule is that an acceptance must be communicated to the person making the offer1. If the person making the offer prescribes the specific manner in which the acceptance must be conveyed, then the acceptance must follow such prescribed manner2. David had not indicated in his offer of the manner that the acceptance is to be conveyed and as such Edward's action of writing to David on 14 December accepting his offer would tantamount to a valid acceptance.Communication of acceptance is binding on the offeror when the acceptor puts his acceptance in a course of transmission to the offeror in such a manner that is beyond the acceptor's control. When Edward puts his acceptance letter in the post at 3.00 p.m. on 14 December, this would tantamount to an act of communicating his acceptance to David of his offer. Once the acceptance letter is in the post, it is no longer within Edward's control and the Postal Rule would be applicable in this case i.e. where acceptance by post is an appropriate and reasonable means of communication between the parties, then acceptance is complete as soon as the letter of acceptance is posted, even if the letter is delayed, destroyed or lost in the post so that it never reaches the offeror3. The postal rule applies to communications of acceptance by cable, including telegra m, but not to instantaneous modes such as telephone, telex and fax. It is submitted that acceptance by Edward of David's offer is completed upon Edward putting the acceptance letter in the post. However, the facts of the case also state that David had in fact revoked his offer to Edward by sending him a telegram at 3.00 p.m. on 14 December. A revocation is one of the ways to terminate an offer and it is the withdrawal of an offer before acceptance. The offer may be revoked by the offeror at any time until it is accepted. However, the revocation of the offer must be communicated to the offeree. Unless and until the revocation is so communicated, it is ineffective4. When David sent a telegram to Edward at 3.00 p.m. on 14 December, this would tantamount to an action of communicating the revocation of his offer to Edward in a manner that is beyond David's control and in the case of telegram, as mentioned above, the Postal Rule would also be applicable. In this case, both communication of acceptance and communication of revocation were sent at the same time and on the same date. The issue would be which of these two would prevail. It is submitted that this would depend on which communication would come to the knowledge of the intended party first. If the acceptance so communicated by Edward comes to the knowledge of David before Edward knows that David has sent a revocation notice, Edward's acceptance would be binding on David. On the other hand, if the revocation notice so communicated by David reaches Edward before David knows about the acceptance, David's revocation notice of the offer would be effective against Edward. Part III - Tort Speedy-Fit's potential liability for the injuries suffered by Jennifer, Toby and Molly would depend on whether it can be established that Speedy-Fit owes a duty to take care5 and that the injuries suffered by the victims was caused by breach of Speedy-Fit of its duty. The burden of