Business and Law Essay

1) The first thing to consider is whether there is a valid contract mingled with adenosine deaminase and Ben on purchasing Bens BNW car. A valid contract consists of offer, borrowing and consideration. An offer is a expressed arrangement or proposal made by the offeror with the serious innovation of being bound by such promise or proposal, if it is veritable by the offeree. In this case, adenosine deaminases garner on requesting Ben to swop his BNW car for $80,000 should compose an offer. It is because the terms are in a definite form capable of being reliable in identical terms. An organisation comes into existence after the offeree unconditionally turn outs 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 not clearly present the method of acceptance, the instantaneous voicemail message left by Ben is counted as a valid method. However, as the postal rule does not apply to situations whe re the acceptance of an offer is communicated by any instantaneous methods, the contract is set down all when the acceptance is authentic by the offeror in such methods.In Entores Ltd v miles Far East Corp, a contract was made between the parties only when the offerees acceptance was received by the offeror. Therefore, as Ben utilise 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 invalidation to Ada. The significant 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. According 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 moment Ada received Bens revocation letter, she still have not 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.