By Richard Stone
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Extra info for Contract law
He developed this argument further in Gibson v Manchester City Council (1979), but on this occasion his approach was specifically rejected by the House of Lords. More recently, a similar type of argument was put forward by Steyn LJ in Trentham Ltd v Archital Luxfer (1993). This concerned an agreement for the supply and installation of doors and windows as part of a construction contract. The work was done and paid for, but a dispute then arose, which required an analysis of whose terms governed the contract.
In Harvey v Facey (1893), a telegram indicating the lowest price at which a person was prepared to sell a property was not regarded as an offer. It might be possible to argue here that Laura got her acceptance of Michael’s offer in before he raised the question of writing, so that all that happens subsequently is irrelevant. It is submitted that it is unlikely that a court would approach it in this way, particularly since Laura is using a different method to accept from that used for the offer.
Carl did so. He then immediately sent a second email to OperaClassics cancelling his previous order. Five minutes later he received an email from OperaClassics in response to his original email, confirming that his order was being processed. The next day Carl received an email from DirectOpera explaining that the price of £75 had been posted in error, and that the real price was £135. He also received a further email from OperaClassics stating that his second email had come too late; the processing of his order was continuing, and his credit card would be charged with £120.