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The issue under examination is whether or not a contract has arisen between any of the four parties.
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The issue under examination is whether or not a contract has arisen between any of the four parties. The keystone to the whole issue is Miss Shaw. She placed an advert for the sale of "her old oaks dresser" and a contract is agreement that creates an obligation binding parties thereto1. In order for a contract to be binding certain elements have to be present. Both parties must reach an agreement (offer and acceptance). An agreement is often described as the "consensus and idem" (meeting of the mind). Also both parties must intend to be legally bound and must provide valuable consideration. Even though these elements are essential the law is concerned with what has been said, done or written, i.e "would a reasonable man assume an agreement had been concluded"2. An offer consists of a definite promise to be bound provided that certain specified terms are accepted. An offer must be...
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