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issues in the question are whether a legally binding contract exists between Alan and
Bob, like whether there are any valid offers and acceptances.
Offer, acceptance of the offer and consideration are the three essential
when a valid contract is formed. In addition, offer is a definite promise made by the
offeror to the offeree. It presents the intention to be bound by the contract with certain
expression of the offeree's assent to the terms of the offer and thus an agreement is
offer, it is just inviting other parties to make an offer which is free to accept or reject.
Alan was intended to sell his motor to anyone for $25,000. However, as Alan's notice
is not precise enough, it was not posted for a specific person with specified terms. So
Then, a valid offer was given to Alan from Bob when Bob phoned Alan on the
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words or writing. Therefore, Bob as an offeror made an offer of $20,000 to buy the
According to the case, Alan only said he would seriously consider when
offeree must agree to all the terms of the offer. Hence, without a direct assent to Bob's
Besides, the way that Alan's wife, Cathy, who received and placed the note on
Alan's desk was not treated as a valid acceptance too. In contract law, an offer can
only be accepted by the offeree, that is, the person to whom the offer is made. Since
Alan was the only offeree in the case, there was no legal right for Cathy to accept the
Likewise, on the other day, Bob changed his mind and posted a letter with a
cheque of $5000 to state he was willing to purchase the motor in a total of $25,000 to
Alan's house. The above action was not a counter offer. In order to form a counter
offer, there must be rejection by the offeree of the terms of the previous offer. Since
Alan did not reject Bob's offer before he changed his mind, there was no counter offer
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In conclusion, Bob had made a valid offer to Alan for buying Alan's
motorcycle, yet Alan did not accept his offer. Hence, without acceptance from the
offeree, there are not legally binding contract between Alan and Bob. Alan had the
right to accept another offer from anyone else, like Dick, so Alan did not have to sell
the motorcycle to Bob even he was willing to pay $25,000 on Tuesday. Nevertheless,
the action of Alan not giving any response after Bob as an offeror gave him a cheque
caused confusion and inconvenient to Bob. I suggest Alan should reject Bob's offer
directly or told Bob that the motorcycle had been bought by Dick on Monday night in