Contract Law 問題
Peter writes a letter to Paul, offering to sellhim his car for HK$50,000.00. At the same time, Paul writes a letter to Peter offering to buy the car for HK$50,000.00. Peter and Paul do not take further action and the next day Peter sells the car to Mary for HK$55,000.00
Did a contract exist between Peter and Paul?
- KLv 71 decade agoFavorite Answer
A contract should be a mutual agreement between two parties, not the suggestion from either one.
The situation mentioned seems that both people make a suggestion to each other only, but without the YES/NO reply. However, if Paul's letter to Peter is a reply to Peter's suggestion, then there is an agreement between them.
Therefore, it doesn't matter whether Peter sells the item to Mary at a lower or higher price. The point is that Peter and Paul have never reached an agreement and so there is no contract.
2008-06-11 11:32:17 補充：
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2008-06-11 11:35:51 補充：
So there should be:
(1) an offer from one side;
(2) acceptance of the offer by another;
(3) valid (legal and valuable) consideration.