Contractual Law

In: Business and Management

Submitted By Braydon94
Words 2435
Pages 10
Assessment #2 Questions

1.) Is Mr. Alpert obligated to keep the offer open until the specified time? What could Ms. Burke have done to better protect her position? (3 marks)

No, R. Alpert is not obligated to keep the offer open if he has received another offer to purchase before the offeree (J.Burke) has accepted it. As specifically stated in the written offer, “I hereby agree to sell to J. Burke my entire fleet of Rolls Royce automobiles for the sum of $1 million. This offer is open until Monday, September 21, at 9:00 a.m.” The offer is a tentative commitment on the part of the person making it. It is only until the other party accepts (the offeree) that the offer becomes contractual and there is an actual binding legal agreement and obligation for R. Alpert to sell only to J. Burke until the stated deadline.

The textbook illustrates a perfect example of a very similar scenario in the Dickinson v. Dodds case when Dodds made an offer to sell to Dickinson for $800 and said “this offer to be left over until Friday 9:00 a.m.” There is a clear illustration that there was an open offer and a certain time frame for the offer to be accepted is clearly stated. The case is very important because it truly demonstrates the nature of an offer and the effectiveness of accepting an offer. R. Alpert had the freedom to withdraw at anytime before it was accepted. The Dickinson v. Dodds case also had a similar scenario where Dickinson indirectly found out about the sale of the property through his agent, and in the scenario with R. Alpert, J.Burke had found out indirectly about the sale that same day. Had J. Burke not found out about the sale, his acceptance would have been valid and R. Alpert would have been bound in contract to sell the fleet of Rolls Royce automobiles to two different purchasers.

What could Ms. Burke have done to better protect her position?

In…...

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