Business Law assignment 幫幫手

2007-04-16 11:04 pm
個case就係如下
Man offered to sell a 3.5G mobile phone to Patrick at HK$6800. Patrick said he would buy it for HK$5000. After some neogotiation, Man was willing to sell it for HK$6000, but Patrick said that he needed 3 days to think about it. Two days later, Dickson, Patrick's friend, told him that he had bought the phone from Man at HK$7200. Patrick immediately approached Man and said that he accepted to buy the phone at HK$6000.
Advise Patrick

唔該英文答...thx

回答 (2)

2007-04-17 12:15 am
✔ 最佳答案
The first offer was made by Man at $6800, followed by Patrick's counter-offer at $5000. Eventually, the last offer was made by Man for selling the phone at $6000.

In response to Man's offer, Patrick said that he needed 3 days to think about it. It didn't alter the terms of Man's offer and was not a counter-offer. It's merely a request to Man for holding the offer open. No contract was formed up to this moment.

Regarding the subsequent events, consider the following rules:

1. An offer may be revoked anytime before acceptance.
2. A revocation is not valid until it is actually communicated.
3. The communication need not have been made by the offeror. It is enough that the offeree learns of the revocation from a source which he believes to be reliable. (Dickinson v Dodds)

Applying the above rules, Man (the offeror) was entitled to revoke his offer anytime before Patrick (the offeree) accepts it. Although Man did not inform Patrick directly that he had revoked his offer, his sale of the phone to Dickson plus Patrick's knowledge about this constitute a valid revocation.

Patrick's acceptance happened after the revocation and was thus invalid. No contract was formed between Man and Patrick and therefore, Man is not bound to sell the phone to Patrick.
2007-04-16 11:33 pm
it is a question of contract law not business law. u confused this!? arh..........

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