Fundamentals of Contract Law Essay Example | Topics and Well Written Essays - 1500 words

Fundamentals of Contract Law - Essay ExampleThis letter in any case stipulated the precedence of MSC company terms and provision was made for an increase in price. Therefore Betty has non agreed to the original terms of Ables castrate, she has only accepted conditionally1. Therefore, this is a snack counter oblation which is in effect a rejection of the original hiter that Able has made. Therefore, it is now Bettys offer that is up for negotiation and Able has indicated his acceptance of Bettys offer by signing on the tear off steal that is attached to her companys order form. Since there is no further communication from Betty, this would be deemed to be the final agreement between the two parties with Able having consented to Bettys terms. A valid contract between two parties may be said to exist only when the parties assent to the same matter in the same sense, and their minds meet as to all terms.2 Able was free to reject Bettys counter offer, since a counter offer in effe ct, frees the offerer Able from any liability.3 But he signed on Bettys order form, which means he has accepted the terms of Bettys counter offer and the original offer has been rejected.However, this raises the issue of the clause that he has entered in the tear off slip that he has signed, which states that the offer was accepted based on the terms of the original offer. This belies the agreement implied through Abels signature on the tear off slip, because in indicates that Able is still not ready to infix to Bettys terms but is intent on enforcing the original terms.