The question (10 marks)
On 1 April Asha posts a letter to Bhavesh offering to sell her scooter for Rs 40,000. Bhavesh receives it on 3 April and posts his acceptance the same evening; it reaches Asha on 6 April. On 4 April Asha telephones Bhavesh to withdraw the offer, but Bhavesh has already posted the acceptance. Is there a contract? Would your answer differ if Bhavesh had accepted by telephone on 3 April instead of by post? (10 marks)
Original question written for this pack on the pattern of the University of Mumbai LL.B. papers.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Formation of contract of Law of Contract and Specific Relief.
Authorities you will need
- Bhagwandas Goverdhandas Kedia v Girdharilal Parshottamdas & Co
- Lalman Shukla v Gauri Datt
- Adams v Lindsell (1818) 1 B & Ald 681
- Entores Ltd v Miles Far East Corporation [1955] 2 QB 327
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.