Contract law problems, Business Law and Ethics

Assignment Help:

Case Study

Cathy's septic tank at her house was old and it suddenly stopped  working.  On 9 June 2008 she called Dave, the owner of Septix Pty Ltd (-Septix?), to urgently give her a quote on installing a new one of the same type.  Dave promised to post her a quote in the mail that afternoon which he did.  

Cathy received the quote in her mailbox on 10 June 2008 which said: -

"Enclosed is a quotation for the replacement of your septic tank, including equipment, parts and installation, at 41 Downing Street, Jockville, NSW for the amount of $8,000.  If the quotation is acceptable and you wish to proceed, please sign the enclosed terms and conditions of sale document and mail it back to us with a cheque for a 20% deposit within 7 days from the date of this quotation".

 Cathy was desperate to have her septic tank replaced as soon as possible so she decided to accept Dave's quote by signing the forms and writing a cheque for a 20% deposit and putting them both in the reply paid envelope provided by Septix.  Cathy then dropped the letter in the post office mail box that afternoon.  

On the morning of 11 June 2008, before Dave's mail was delivered, Dave realised that the quote should have said $10,000 but his secretary had mistakenly typed the quote as $8,000.  Dave telephoned Cathy to tell her this but Cathy replied that she had already accepted the quote for $8,000 and that she had posted the acceptance and the cheque back to him the day before.  Dave argued that since he had not yet received the acceptance that it was not valid.  

Using the law of contract, advise Cathy and Septix whether there was a binding contract between them.  In your answer explain the basis for your answer and discuss what rights each party has under the contract, if any.


Related Discussions:- Contract law problems

Cs 652 - programming problem, Q. CS 652 - Programming problem? Without ...

Q. CS 652 - Programming problem? Without using the system() function to call any bash commands, write a python program that will implement a simple version of the diff command.

Compulsory winding up, Compulsory winding up: At the hearing other cre...

Compulsory winding up: At the hearing other creditors of the company may oppose the petition.  If so, the court is likely to decide in favour of those to whom the larger amoun

How an offer differ from an invitation to treat, Question 1: Write brie...

Question 1: Write brief notes on the following contractual terms:- (a) How an offer differ from an invitation to treat. (b) The principles governing goods wh

Constitutional interpretation, The United States form of government is ofte...

The United States form of government is often described as a "Constitutional Democracy ". The existence and importance of a written Constitution is a major difference between the A

Breach of the rtl code, Question Note the behaviour of all parties wi...

Question Note the behaviour of all parties with respect to the Mitchell Jones scenario which is (or could potentially be) a breach of the RTL Code and why you believe the beh

Standard of proof in civil cases, Standard of proof in civil cases: Th...

Standard of proof in civil cases: Therefore the standard of proof in civil cases is on a preponderance of probabilities or on a balance of probabilities.  So it must be more p

Article 1 - state responsibility, Article 1 - State Responsibility The ...

Article 1 - State Responsibility The laws on state responsibility are derived from state practices and various other customs and practices. However the main text on the law of

Contributions of equity, Contributions of Equity Contributions of Equi...

Contributions of Equity Contributions of Equity as: Developed the so called maxims of equity and Provided additional remedies and Provided for the discovery of

When do property, QUESTION 1 (a) What are the ways in which a contract ...

QUESTION 1 (a) What are the ways in which a contract may be terminated? (b) Elaborate on two of them QUESTION 2 When do property, risk and title pass in a contract?

Account the organisation that you work for and its industry, Suppose your e...

Suppose your employer wanted to include a restraint of trade clause in your employment agreement. Prepare and set out an instance of this clause that would be applicable to you in

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd