Answer question Essay Example | Topics and Well Written Essays - 1000 words - 3

Answer question - Essay Example Nonetheless, the relationship between Rose and Saba concerning a graphic design desktop computer worth 1,500 did not constitute a valid contract. Despite the seller’s â€Å"offer† of the item for sale, MacIntyre (2013) would argue that Rose’s response did not meet the â€Å"acceptance† test. Her counter-offer of 1,000 for the same item was not readily accepted by the seller, thus stripping the agreement of any validity. This case is almost similar to Hyde v Wrench (1840) 49 ER 132 in which the respondent offered a piece of land valued at  £1,000 for sale (Elliott, & Quinn, 2014). The plaintiff gave a counter offer of  £950 which the seller refused. The plaintiff then communicated his acceptance of the initial offer of  £1,000, but the seller refused to sell the property to him, prompting the litigation for performance. The court is likely to follow the precedent set in Hyde where a counter-offer invalidated the contract and stripped the claimant of the rights to specific performance. The status of contract between Rose and TW depends on whether each party acted reasonably to see its creation. Whereas the two weeks that Rose took to communicate her acceptance of the TW offer was reasonable, it may have been the cause of the subsequent delay, leading TW to revoke the contract. The main legal issue in this case is whether TW made a valid revocation of the offer. The validity of a revocation of an offer principally lies in its communication to the offeree. Rose has grounds against the validity of TW’s letter of revocation. Rose’s claims are backed by the ruling in Byrne & Co v Leon Van Tien Hoven & Co [1880] 5 CPD 344 where the court imposed a ban on revocation of an offer by the postal rule, but allowed acceptance under similar circumstances. As Justice Lindley held in the case, TW would only be deemed as having validly revoked the offer through a direct communication