Law case study Essay Example | Topics and Well Written Essays - 1750 words

Law case study - Essay Example Once offer and acceptance are found to exist, the courts will then look to determine whether or not there is consideration. Consideration was defined by Lush LJ in the following terms: While Daniel offered to sell his guitar to Marina for the sum of 500 pounds, Marina did not accept the offer outright. Her offer was no more than a conditional acceptance, in that she would purchase the guitar if she could raise the sum offered. It is commonly felt that in order for the acceptance of an order to be legally binding it must follow the essential substance of the offer made.4 By saying what she could only purchase the guitar if she could raise the funds, Marina was no accepting the offer but merely indicating that she would if and when she had the necessary consideration. Therefore the offer and acceptance would not have been completed until such time as Marina communicated to Daniel a firm intention to purchase the guitar. Since this never happened there was no binding agreement between them. The fact that Daniel sold the guitar to a third party on Wednesday despite having promised Marina that he would not sell the guitar before Friday is of no consequence. There is nothing preventing Daniel withdrawing his offer at anytime before the prescribed period which was stated to Friday. Either party is at liberty to change their minds before the agreement is complete.5 In any event, Marina has a more onerous task establishing that the offer and acceptance goes beyond a mere gratuitous exchange of promises. These kinds of promises, in the absence of an executed deed of contract and/or consideration will not be enforced by the courts. In order to substantiate an effective claim against Anthea for breach of contract, Marina will have to show that there was some consideration.6 Consideration is defined by Patterson J as: Since Marina did not suffer a detriment pursuant to the offer made and withdrawn