Jennifer and the Wine Merchants Assignment Example | Topics and Well Written Essays - 1000 words

Jennifer and the Wine merchants - duty assignment ExampleWith regard to Jennifer and the Wine Merchant strip scenario, the Wine Merchant is the supplyer, as the company makes an project of commission of French wine to Jennifer and Maggie. The two who are the recipients of the stated cite are the tenderiseees. Jennifer accepts the offer and sends her consignment garner through the post office, while Maggie sends her acceptance communication through the fax. The decision to accept the offer creates a binding agreement between the both Maggie and Jennifer and the Wine Merchant (Ruff 2007). However, Jennifers acceptance earn delays for seven days due to strike, this complicates the issue as she had to send the acceptance within 5 days. Maggie in time sends her acceptance through fax and its is received immediately, and consequently accepted (Riches and Vida 2011). Jennifers Case Jennifers case invites three fundamental questions. First, did Jeniffer, the offeree, miss the spe cified deadline as stipulated by the Wine Merchant, the offerer. Second, is it possible for the offerer to blot out the acceptance letter between the time the offeree sends it sent and the time the offerer receives it? Lastly, did the offeror make the offer by mail? Thus in Jennifer and the Wine Merchants case scenario, there are at least four probable answers. First, when the offereer accepts the offer When the offeree sends (posts) the acceptance letter When the offerer received the letter of acceptance When the offeror is aware of the acceptance. The most significant reactions are the first and the fourth one, which depict offer and acceptance. The English Law provides that a binding agreement exists if an offer and acceptance, in which case the offeree accepts an offer make by the offerer. Concerning Jenniffer and the Merchants case scenario, the English Law suggests the emission theory in the postal rule. However, its manifestation is also limited. In this way, it only becomes applicable when it was reasonable enough that the offeree uses post as the means of accepting the offer, and whether the acceptance letter was posted properly and whether it didnt create manifest absurdity and inconvenience. Maggies Case Unlike Jennifer, Maggie sent her acceptance letter through the fax. Maggies acceptance was accepted. Maggies case is different from Jennifer as they used different media to communicate their acceptance. According to the English Law, if an offer is accepted by fax, it will be deemed as accepted as the offerers fax machines prints it out, careless(predicate) of whether there is someone to receive it or non. Posting statute does not affect to acceptances by clamant forms of communication such as fax or telephone. In the case Entores Ltd v Miles Far eastside Corporation 1955 2 QB 327, the court decided that the posting rule doesnt apply to acceptances by telex as it is an instant form of communication (Entores Ltd v Miles Far East Corporation 195 5). Thus the formula that acceptances occur once communicated apply can be applied to instant communication forms. Wine Merchants case Indeed, the Wine Merchant can be argued as having sent Maggie and Jennifer an offer and not an invitation. The law interprets invitation and offer differently. An invitation, unlike an offer, indicates an individuals willingness to negotiate a contract. It can be delineate as a communication of a pre-offer. In the case Gibson v Manchester City Council 1979 1