Counter offer

2009-11-03 1:29 am
(1)如果man make offer$6800去賣電話俾lin, lin said he would buy it for $5000.After some negotiation, Man was willing to sell it for $6000, but lin said that he needed 3 days to think about it. 但2天後,man$7000賣左電話俾lin 個朋友,而seller同lin朋友買/賣左電話冇通知lin,而lin 2天後accept offer,Advise man and lin??

(2)如果man make offer$6800去賣電話俾lin, lin 冇回覆.但2天後,man$6800賣左電話俾david,而lin 2天後accept offer,Advise man and lin??
更新1:

希望law高手請幫下手^^

更新2:

(3)如果有個人make offer$6800去賣電話俾buyer,buyer回應係"accept offer,是否係nokia"算唔算係accept offer

回答 (3)

2009-11-03 4:49 am
✔ 最佳答案
If Man agreed to make the offer opened for 3 days waiting for Lin to accept within 3 days, then, there is an obligation being made between Man and Lin. If Lin accept the offer within 3 days, then there is an acceptance to Man's offer and thus a valid contract being made. If Lin does not give Man his intention after 3 days, then the offer made by Man is then lapsed, There is no contract being made between Man and Lin and Man could sell the phone to anybody accepting his offer.

In this issue, Man does not give an offer opened to Lin for 2 days and Lin does not accepted the offer immediately, there is no contract being made binding each party. Man could therefore sell the phone to David.

No. The buyer is still demanding the seller for further details of the phone. There is no offer and acceptance as further details is still required. Hence, no contract at all.

2009-11-04 09:41:03 補充:
1. If both parties agreed that the offer will expired after 3 days and, if Man sell the phone before asking Lin for any acceptance, then Man is in breach.

2009-11-04 09:41:10 補充:
2. It all depends on the terms of the offer and acceptance. If Man demands immediate acceptance, then the offer will lapsed if Lin does not accept but make an counter offer of 3 days. Man could sell the phone to any other person as counter offer means no contract at all.
2009-11-06 3:11 am
2009-11-03 5:52 pm
如果以第一個case黎講,如果lin話俾3日決定買/唔買,而啊man3日內賣左電話冇通知lin,而lin三日內決定accept左既話,係咪man就會燬約??

第2個case,man make offer,,係咪lin立刻要accept,咁man幾時可以賣給其他人??


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