Did a Valid Contract Arise from Jack's Advertisement and Kate's Response?
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Answers-
Issue Of The Case-
There is offer from the side of Kate, but there was no acceptance from Jack’s side. Hence it was not a legal binding contract. And thus, (Austen-Baker, 2017) Jack does not have any kind of the obligation to revert to all those everyone who reads the letters and replier to him.
Advise Jack as whether a valid contract been formed with Kate?
Rule Of The Law-
As per contract act, 1872, the valid contract must legally bound all the parties to perform the requirements of the contract. The contract will be valid (Varney, 2017) when there is offer, acceptance, and the consideration, as well as there is intention of creating a legal relation, as well as the certainty and capacity. If there is an absence of these essential circumstances in the contract, then it would be considered as an invalid contract. So, the essential element of the valid agreement, as per contract act, 1872 that states that there must be an offer and there must be an acceptance, but if there is an advertisement that it does not constitute an offer but it constitutes an invitation to offer.
Analysis Of The Case-
In the given case law, if there is a reference to Carlill v Carbolic smoke ball co (1893), in which the decision was held an advertisement which was containing the certain types of terms and the conditions to get a reward (Harder, 2020) which has constituted a binding of the unilateral offer that possibly could be accepted by anyone who has performed its terms.
If there is another reference to Partridge v Crittenden (1968), in which the decision was held an advertisement are usually considered as an invitation to the offer.
There is offer from the side of Kate, but there was no acceptance from Jack’s side. Hence it was not a legal binding contract. And thus, (Austen-Baker, 2017) Jack does not have any kind of the obligation to revert to all those everyone who reads the letters and replier to him.
So, the advertisements of Jack were not an offer but was an invitation to offer. And letter from Kate was mere an offer to Jack, and Jack did not reply her, then it was not a case of legally binding contract between them.
Conclusion Of The Case-
There is point of validity of the offer and the acceptance, in the given scenario, when Jack accepts the offer of Logan by replying (Austen-Baker, 2017) to his letter on agreeing on the terms of Logan. And yes, this is the case when there is an acceptance by the Jack of the offer made by Logan, but not by Kate.
