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Explain whether there is a binding agreement where Tom wrote to Jerry offering to sell his car to him at 500,000. Jerry accepted Tom's offer...

Explain whether there is a binding agreement where Tom wrote to Jerry offering to sell his car to him at 500,000. Jerry accepted Tom's offer subject to the price being reduced to Sh. 450,000. It has
become apparent that Tom is not willing to sell the car for Sh. 450,000.
Jerry now writes to Tom agreeing to buy the car for Kshs. 500,000.

Answers

Maurice
This problem is based on counter offers in the law of contract.
In this case, it is evident that Jerry did not accept Toms offer and as such there is no contract
between them. Jerry?s counter offer of Kshs. 450,000 terminated Toms offer of Kshs. 500,000.

Jerry's willingness to pay Kshs. 500,000 for the car is not an acceptance as there was no offer
existing at the time as there is no evidence that Tom had revived the offer.

This position is consistent with the decision in Hyde V. Wrench whose facts were
substantially similar.
maurice.mutuku answered the question on May 2, 2018 at 08:00

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