I posted a ad like this "For sale Honda hybrid 18000$.will be sold to the first person who sends notice in writing that they wish to buy it for 18000$.for my address. What happen if an old friend of mine send a email to me. But my mail is not in use now. What will happen am I contractually bound?
Contract Law: am I contractually bounded?
- Thread starter Mahela silvaa
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- contract contract law
- Where did you post the ad?
- Did you stipulate the manner of notice in writing?
- Did the place you posted the ad have any instructions for buyers to communicate with you?
- How long had it been since your old friend had communicated with you via the email address?
- Was your old friend aware of any other method of contact for you?
- Does sending anything to that email address result in a 'bounce back' of any sort?
- Did you stipulate the manner of notice in writing?
- Did the place you posted the ad have any instructions for buyers to communicate with you?
- How long had it been since your old friend had communicated with you via the email address?
- Was your old friend aware of any other method of contact for you?
- Does sending anything to that email address result in a 'bounce back' of any sort?
1. I wrote the ad on the news paper like this "for sale Honda hybrid 18000S$. Will be sold to the first person who sends a notice in writing " I just gave my address.
2. No I only gave the home address that's the only way that an unknown person can contact me. But he was an old friend of me that's why I want to know.
3. We didn't contact from the email. I just gave him my email before two years ago.
4. No he only knows my email address.
5. actually I don't use that mail now that's why I haven't because I don't use my phone now.
I just want to know am I contractually bound to him and what is the law behind this case I need a big explanation please.
You don't get 'big explanations' here - you get the free cliff notes version. Especially given that there is at least one big problem in this scenario that is rather glaring*.
- Your ad is likely still considered to be an 'invitation to treat', rather than an offer, based on my gut feeling.
- In any case, it causes problems that you've put "the first person who sends a notice of writing" - rather than 'the first written notice' I receive. If I posted my notice a week before someone else, but it got delayed in the mail and you received their notice first, shouldn't I get the car because I sent my notice first?
- By including your address in the ad, this conveys that that is the method which is supposed to be used for communication.
- Electronic communications legislation tends to revolve around explicit consent by the parties to the use of the medium - I don't see that here. Having no mention of an email address strengthens the proposition that email is not an acceptable method of communication for the transaction.
- There should be no reasonable expectation from your friend that the email is (a) appropriate, (b) reliable or (c) still current.
Accordingly, my thoughts are that on the face of it you're not bound by any contract to your friend.
* Given that you've said your friend only knows how to contact you by the email address, and you don't use that email address (or apparently have access to it), how would you even know he contacted you via the email address?
- Your ad is likely still considered to be an 'invitation to treat', rather than an offer, based on my gut feeling.
- In any case, it causes problems that you've put "the first person who sends a notice of writing" - rather than 'the first written notice' I receive. If I posted my notice a week before someone else, but it got delayed in the mail and you received their notice first, shouldn't I get the car because I sent my notice first?
- By including your address in the ad, this conveys that that is the method which is supposed to be used for communication.
- Electronic communications legislation tends to revolve around explicit consent by the parties to the use of the medium - I don't see that here. Having no mention of an email address strengthens the proposition that email is not an acceptable method of communication for the transaction.
- There should be no reasonable expectation from your friend that the email is (a) appropriate, (b) reliable or (c) still current.
Accordingly, my thoughts are that on the face of it you're not bound by any contract to your friend.
* Given that you've said your friend only knows how to contact you by the email address, and you don't use that email address (or apparently have access to it), how would you even know he contacted you via the email address?
Thank you so much sir I got the answer. But just 1 last question I have please send me a reply
I posted the ad on Sunday this is just a thought sir I'm a law student that's why I need an answer
One person is X and the next person is Y
1.On Sunday evening Mr.X saw the ad and posted a letter stating that he wants to buy my car on Wednesday morning. (Nothing mentioned about have I received or not - because It's just a thought of mine) as a law question
2.on Tuesday evening I met my friend mr.Y for the dinner overcourse of the meal I promised him to sell the car for 13000$
What will happen to Mr X and Y am I contractually bound to them? Just need an explanation because it's just a question that came into my mind. Hope your explanation sir thank you
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