Commercial Contract - Case Study Example

(Atiyah Chapter 1). c.) Acceptance: When two parties willingly agree to the terms and conditions of a contract, then the requirements of acceptance can be claimed to have been met. Thus, the moment Stamatelly showed written acceptance of the laptop at the offered price, the first part of the contract can be said to have begun. Even if Yusuf did not show the initial direct signs of accepting, his action of replying to the e-mail to clarify the offered price is an advanced stage of acceptance to sell the laptop.

(Atiyah Chapter 1). d.) Acquiescence: This is defined as the contracting parties actions and inactions as long as the initial acceptance stage had been satisfied. The issue of time is also important at this stage, as a seller who makes an offer at certain terms and conditions and receives offers at the same, needs to seal the deal without any further delay. In the above case study, Yusuf first made the laptop offer at $200. Stamatelly replied with an earlier lower price of $120. However Yusuf was adamant and fixed the offer at $200, which Stamatelly acquiesced to without further condition.

(Atiyah Chapter 1). In the end Yusuf sold the laptop to another party at $180 which was much less than what Stamatelly wanted to offer. Yusuf also changed conditions for the sale at later stage to include time that the offer will be available. Even though he set the final settlement time of before noon the next day, he had sold the laptop the previous evening. This, coupled with the last minute change of price will be a potential legal suit for breach of business contract. (Atiyah Chapter 1).

An analysis of the objective theory of this contract. In citing the Wilson Court Ltd. P'ship v. Tony Maroni's, Inc., 952 P.2d 590, 594 (Wash. 1998) (citing U.S. Life Credit Life Ins. Co. v. Williams, 919 P.2d 594, 597 (Wash. 1996), a contract is objective its manifestation is considered over its unseen subjective intentions of the contracting parties. Thus in the case study, Yusuf exhibited outward manifestation of assent when he clarified that the price would remain at $200. Thereafter, Stamatelly expressed mutual consent on these terms.

At no one time was there any dispute about the condition of the product of contract which is the laptop. (Atiyah Chapter 2 - 4): (Stephen Waddams Chapter 1-3) It is also right to hold that both parties expressed outward manifestation of assent. Yusuf did so by the exclusive advertisement about the Laptop make, condition and price and even gave out his telephone numbers and e-mail for authenticity of the advertisement. Stamatelly also did so by writing to accept the offer in terms and condition by e-mail.

The e-mail platform in this case study can be held as the outward manifestation whether direct or indirect. This is following the City of Everett v. Estate of Sumstad, 631 P.2d 366, 367 (Wash. 1981). (Atiyah Chapter 2 - 4): (Stephen Waddams Chapter 1-3) Possible Legal Redress. Stamatelly can rightly seek legal redress. She can aver that Yusuf was in breach of commercial contract especially at the acquiescence stage. She can cite the issue of time that was first introduced at a later stage