Brick Nxt
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English Contract Law case study – Please Help?
Salvage is a dealer in reclaimed building materials. He learned from the ‘Planning notices’ in the local paper that Bill Derr proposes to renovate an historian barn in the locality, using reclaimed facing bricks traditionally used in the vicinity. salvage has several thousand suitable 2nd hand bricks of the type required in his yard. salvage sent a fax to Bill Derr, which read “I can offer several thousand 2nd hand facing bricks suitable for your needs at £400 per thousand.” Bill Derr faxed in reply “I will take four thousand. Need delivery in 1 load by monday nxt week.”
Salvage then wrote: “thank you for ur fax, which is recieving our attention”
Advise Bill Derr as to the legal position on each of the following alternative assumptions:
1) Salvage packed the bricks and loaded them on a lorry for delivery to Bill, but b4 the van set out Bill phoned to say he no longer needed the bricks.
2) Salvage failed to deliver any bricks to Bill
The first fax (which, depending on local law, might be an unlawful spam-fax) was indeed an offer, but there is a catch: the quantity is not specified, neither is the timeframe. It is not an unconditional offer.
The second fax added two contract terms and so — if the quantity and delivery terms were other than “normal” in the industry and under the circumstances — was a counter-offer: 4,000 and “one load by Monday:.
Question: what is “several”? And what warranty is there that the goods are, in fact, “suitable for [his] needs”? What building is going to buy bricks sight unseen and take the chance they will meet the standards of English Heritage and the planning board?
The third fax makes it clear there is no meeting of the minds, at least not yet. Some may argue otherwise, that “receiving our attention” means acceptance. I do not agree.
In real life, neither party has any recourse. This sort of stuff is common in the buildings trades. And neither party deserves particular consideration since both were ambiguous. Bill Derr should have assumed that the spam-fax might have been broadcast widely and that any purported acceptance was, itself, subject to prior sale.
And, hey, building materials can be returned — that’s standard in the industry — albeit with a handling charge of, say, 10%.
IMHO. But whichever side you’re on you’re sure to find a solicitor to take your case.
LEGO Mindstorms NXT Color Brick Sorter
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