Law - Formation of Contracts - Essay Example

She asked Janet if she was willing to sell her car for £3000 which she agreed. Janet told Barbara that she would sell the car to her for £3000 if she paid in cash and asked her to come over the following day to see it which she did. The contract between Barbara and Janet was concluded immediately she expressed acceptance of an offer. The issue where Barbara is changing her mind that she was to revoke her acceptance is impossible since the contract between her and Janet is binding and enforceable before a court of law.

It is immaterial to state that he was revoking the acceptance because she discovered that the car had some problem as stated by his stepfather Roy. 1 A contract which is an agreement between two or more parties which is intended to create legally binding obligations was created between Barbara and Janet on the sale of the second hand car. The word binding is used for there are some contracts which are valid but are not enforceable. For a contract to be binding there must be an intention to create legal relationship between the parties to the contract.

For this case, there was an intention of creating a legal relationship between Janet and Barbara on the sale of the second hand car. Their contract too had fulfilled the essentials of a valid contract which include: that there must be an offer and acceptance; there must be an intention to create legal relations; there must be contractual capacity; the object of the contract was lawful; there was genuine consent and lastly there was a consideration. 2 Acceptance once made cannot be revoked unlike an offer which can be revoked by an express notice before it is accepted.

However, acceptance cannot be revoked in any circumstance by either the offeree or the offeror. The moment a person expresses his acceptance of an offer, that very moment the contract is concluded and it does not matter whether the acceptance is by word of mouth, in writing or sent by post. For