✔ 最佳答案
b) Postal Rule is not applicable as:
1. It only applies to acceptance by post, not to fax or other means of communication
2. It only applies to acceptance, but F's fax is not an acceptance as explained below.
c) There was no contract between F & G yet.
G's advertisment was only an invitation to treat as per the decision in Partidge v Crittenden. F called G, there is no information as to what F said in the phone call. There are 2 possibilities:
Scenario 1:
F was offering to buy the car at $100,000. Then G's reply was a counter-offer at $120,000. F then gave another counter-offer at $110,000, which was rejected by G.
An offer is revoked by express revocation, by the offeree making a counter-offer or the offer being rejected. Once an offer is revoked, it is not longer in existence and cannot later be accepted.
Hence, G's offer at $120,000 was revoked upon F's counter-offer. (Also, G's rejection to F's last offer ended everything. There was no longer any offer which can be accepted by either side). F has no corresponding offer to accept and his fax was a new offer to G.
Scenario 2:
F was just making enquiries about the price on the advertisment. The parties may just be having negotiations in the conversations that follow and neither of them have any intention to entre into a contract yet.
In such case, there was no offer which can be accepted. Again, F was making a new offer to G by fax.
In both scenario, F was making the last offer and there would be no contract unless G accepts it. In addition, F's request for a contract of sale may indicate that he did not intend to be bound until the contract is signed.
d) As explained above, F's fax was not an acceptance but an offer. It is subject to G's acceptance. Thus the time F sent his fax will not change his position.
However, there maybe a difference to G.
First, F's offer was not valid until it is actually communicated to G, i.e. until G read the fax. So the key time was when did G read the fax instead of the time F sent the fax.
If G READ the fax before he sold the car to H, then he can choose whether to accept F's offer. However, if G READ the fax after he sold his car, he would be in breach of his contract with H if he decides to accept F's offer instead.