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QLD Law question - Offer / Acceptance

Discussion in 'Australian Law Students Forum' started by JIma, 3 April 2018.

  1. JIma

    JIma Member

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    Hi, someone plz help me with this concept!! When an offer includes a condition for only a limited number of people can accept the offer (eg.For the first 10 people who do these.......), and if the offeree accepts the offer and provided intention and consideration, but without known if he/she is within the first 10 people condition. can the offeror later put up a defence argument, saying acceptance must be made within a reasonable period of time? or can the offeror not do that because of the meaning of the condition is to vague? Thanks ;)
     
  2. Rod

    Rod Well-Known Member

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    Provide a structure as to how this question and we'll give some guidance.

    Address each of the elements of a contract, the first 4 are straight forward then move onto the area of uncertainty - terms (compliance with formalities).

    What can you tell us about the nature of the term the offeror is attempting to use (reasonable time)? Discuss things like uncertainty, implied terms, promissory terms, maybe even consider frustration. What cases can you use?

    At this stage of your course don't worry about the end result, what matters is your reasoning. This was, and still is, counter-intuitive for me but keep in mind what the learning outcome is for problems like this. Forget the answer, just work you way through each step, and provide justification at each step.
    Whether you say the offeror is being reasonable or not, is not the main point of this exercise. Simply stating the right answer will not get marks, after all it is a 50/50 chance you will guess right.

    Work through the problem and post back here for hints and suggestions.
     
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