Business Law

Offeror: Computer Aps

Offeree: Kirsten Jensen

The sale for the computer is valid until 28th March.

The first call for an offer was sent, and the Computer Aps sent an offer back on 16th March and she accepted the offer by letter (distance contract), so a contract was made .

“Acceptance - the unconditional agreement to an offer. This creates the contract. Before acceptance, any offer can be withdrawn, but once accepted the contract is binding on both sides. Any conditions have the effect of a counter offer that must be accepted by the other party. “ (http://www.businessballs.com/businesscontractstermsdefinitionsglossary.htm)

Kirsten changed her mind , and she resigned the acceptance of the offer 21st March (in the validation period).

Here comes, that the person who was responsible for receiving the contracts, was ill, the letters were read 29th March, after the validation period of the sale, that person could not react on neither the acceptance nor the resignation letters.

Regarding to distance contract, she had the right to change her mind, which means that she cancelled the agreement successfully.

“Distance contracts, §4 where the contract is formed using distance communication (telephone, E-mails, letters) and it is part of a distance marketing system operated by the trader. In that case the consumer has a 14 days cooling off period to cancel the agreement, §§ 17 and 18.”

Kirsten changed her mind again, on 25th March, and a letter was sent again, regarding back to the first acceptance letter. Because of the post, the letter was delivered to Computer Aps on 30th March.

“Inaccuracy/misrepresentation, §32,2 ( an error in the agreement due to transmission technique or a 3. person/ agent. Note that the promisor must give notice (§40) when he discovers the error )”.

In addition, her demand for the lower price of the computer is right, because she sent all the letters before validation date, and it was not her fault that the company did not...