CONTRACT LAW Problem question
Nuclear Supplies Ltd ('Nuclear'), an English company with its head office in" rel="nofollow">in England, offered to
sell 1000 components to Bomb Corp ('Bomb'), a company located in" rel="nofollow">in a different contin" rel="nofollow">inent. Bomb
wishes to use the components to develop weapons for an undisclosed purpose. The offer was
sent by Zara, Managin" rel="nofollow">ing Director of Nuclear, via an email to the office of Ed, Managin" rel="nofollow">ing Director of
Bomb. An hour later Zara sent a revocation of the offer to the same email address. Both the offer
and the revocation of the offer reached Ed's office out of office hours. The offer was brought to Ed's
attention as soon as his office reopened the next mornin" rel="nofollow">ing. An hour later Ed emailed to Zara's office
his acceptance which arrived (outside Nuclear’s office hours) at 1 am (BST) on 5th June 2014.
Owin" rel="nofollow">ing to admin" rel="nofollow">inistrative in" rel="nofollow">inefficiency in" rel="nofollow">in Bomb's office, Zara's emailed revocation was not brought to
Ed's attention until an hour after he had emailed his acceptance, that is at
about 2 am (BST) 5th June 2014.
Is there a bin" rel="nofollow">indin" rel="nofollow">ing contract between Nuclear and Bomb? Use relevant case law in" rel="nofollow">in support of your
answer.
(For the purposes of the question, students may assume that the parties agree to be bound by
English Law).
- Referenced with OSCOLA
- 12 sources; meanin" rel="nofollow">ing 12 cases
Elements to consider:
• Intention to create legal relations
• An offer
• Acceptance (postal/receipt rule)
• A counter-offer
• request for in" rel="nofollow">information
• Consideration
You may refer to these cases:
1. Butler Machin" rel="nofollow">ine Tool v Ex-Cell-O Corporation [1979]
2. Simpkin" rel="nofollow">ins v Pays File (1955)
3. Carlill v Carbolic Smoke Ball [1892]
4. Hyde v Wrench (1818)
5. Thomas v Thomas (1842)
6. White v Bluett (1853)
7. Lampleigh v Braithwaite (1615)
8. The Wagon Mound (1967)
9. Wilsher v Essex AHA (1986)
10. The Oropesa (1943)
11. Donahue vv Stevenson (1952)
12. Mulcshy v Min" rel="nofollow">inistry of Defence (1996)
13. Bolton v Stone (1951)
14. Colin" rel="nofollow">ins v Godefroy (1831)
15. D.C.Buliders v Rees (1865)