各位讀過 business law的朋友，可否幫幫忙解答以下問題：
On 1.1.2007, Rain, a famous singer, offered to sing for three nights in early April 2007 at Mr. Li’s theatre at HK$200,000 per night. Rain further stated that half of the remuneration was to be paid upfront; while the balance was to be paid immediately after the last performance.
On 1.3.2007, Mr. Li replied by saying that he agreed to accept the offer. But Mr. Li went on to ask whether Rain could sing for one more night and only HK$200,000 was to be paid upfront. Rain did not consider Mr. Li’s reply favourable and accepted another job from Mr. Cheung during the material period.
On 15.3.2007, Mr. Li came back to Rain saying that he would agree to every term of his offer.
Advise Rain whether he has had a valid contract with Mr. Li.
：)謝謝各位幫忙
讀過 business law的朋友可否幫幫忙：
2008-06-30 11:02 pm
回答 (3)
2008-07-10 10:40 am
✔ 最佳答案
The reply of Mr Li on 1.3.2007 is a counter offer. He did not actually accept the offer because he immediately went on to ask whether Rain could sing for one more night and only HK$200,000 was to be paid upfront. A purported acceptance which does not accept all the terms and conditions proposed by the offeror but which in fact introduces new terms is not an acceptance but a counter offer. Since the counter offer kills off the original offer, the original offer cannot subsequently be accepted. Hence even if Mr Li agree to every term of his offer on 15.3.2007 there is no valid contract. (Hyde v. Wrench) (Citing cases is very important!!!) 
2008-07-12 5:36 am
My opinion is that Rain and Mr. Li has a valid contract because Mr. Li has accepted the offer from Rain on 1/3. Whatever after was another offer which did not officially supersede the original one since Rain has never agreed on it.
2008-07-14 15:57:43 補充：
After further consultation with an expert, I agree with diverseman007 that there is NO valid contract between Rain and Mr. Li !!!!
2008-07-14 15:57:43 補充：
After further consultation with an expert, I agree with diverseman007 that there is NO valid contract between Rain and Mr. Li !!!!
2008-07-01 9:28 am
Below is my opinion for reference only:
It is a matter of offer and counter-offer between Rain and Mr. Li. From point of view in law, an additional condition(namely, Mr.Lit's asked Rain to sing for one more night with an advanced remuneration) has formed an counter-offer. It thus made Rain's original offer invalid . Therefore, Rain has not had a valid contract with Mr. Li.
2008-07-12 19:44:23 補充：
baggio4182007 : Hi! I don't think that there is a valid contract between Rain and Mr.Li because Mr.Li's counter-offer(i.e. Mr.Li's acceptance with new terms) on 1st March 2007 produced a refusal to Rain's original offer while Raid did not accept Mr.Li's counter-offer.
It is a matter of offer and counter-offer between Rain and Mr. Li. From point of view in law, an additional condition(namely, Mr.Lit's asked Rain to sing for one more night with an advanced remuneration) has formed an counter-offer. It thus made Rain's original offer invalid . Therefore, Rain has not had a valid contract with Mr. Li.
2008-07-12 19:44:23 補充：
baggio4182007 : Hi! I don't think that there is a valid contract between Rain and Mr.Li because Mr.Li's counter-offer(i.e. Mr.Li's acceptance with new terms) on 1st March 2007 produced a refusal to Rain's original offer while Raid did not accept Mr.Li's counter-offer.
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