Sammi offered to sell to Nana her piano $3000. but Nana not enought money so that only can pay $1000. but after a week ,Nana win the gambling $2000. she write the letter to Sammi she wan buy the piano .but Sammi sell to Grace aredi.
1. Is it $1000 is counter offer?
2. is binding contract between sammi and nana?
3. Nana can sue sammin?
pls help...it is counter offer....thx
2008-06-28 8:46 am
回答 (2)
2008-07-07 9:28 am
✔ 最佳答案
1. Yes, in this case Nana offer back to Sammi buy the piano for $1K.2. There was no contract in this case because no agreemeet for accept any offer(acceptance)
3. In fact, no contract and futher agreement, Nana can not sue sammin
參考: Law Book
2008-07-07 7:30 pm
Before advising you in the 3 questions, I would like to explain briefly the fundamental formation / elements of contract, that is : -
a. Offer by offeror;
b. Acceptance by offeree;
c. Consideration;
d. Intention to create a legally binding contract;
e. Capacity;
f. Absence of several grounds enabling to make the contract void or voidable.
In case you have any further queries in future, you can have a basic concept to deal with by yourself first.
1. Acceptance of an offer should be on the same terms stated in offer. Therefore, $1000.00 is not the exact term stated in Sammi's offer and it's only capable to be treated as Counter Offer.
2. Since $1000.00 was treated as Counter Offer, no binding contract has ever been created by Sammi and Nana.
3. No contract is established, no action can be taken by Nana.
a. Offer by offeror;
b. Acceptance by offeree;
c. Consideration;
d. Intention to create a legally binding contract;
e. Capacity;
f. Absence of several grounds enabling to make the contract void or voidable.
In case you have any further queries in future, you can have a basic concept to deal with by yourself first.
1. Acceptance of an offer should be on the same terms stated in offer. Therefore, $1000.00 is not the exact term stated in Sammi's offer and it's only capable to be treated as Counter Offer.
2. Since $1000.00 was treated as Counter Offer, no binding contract has ever been created by Sammi and Nana.
3. No contract is established, no action can be taken by Nana.
參考: My knowledge
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