1. Zara placed an advertisement in the local newspaper: “Four ‘Burmese’ kittensfor sale. £300 each,...

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1. Zara placed an advertisement in the local newspaper: “Four ‘Burmese’ kittensfor sale. £300 each, lovely pets.” Xavier went to see the kittens and askedZara to reserve the smallest one for him and said that he would return in threeweeks to collect the kitten. Later that day, Zara told her husband that Xavierwas to have the smallest kitten in the litter. Xavier never returned.Vic telephoned Zara about the kittens. After enquiring about the breed, hesaid, ‘I’ll think about it’. The next day, Vic wrote Zara, ‘I’ve decided that I’llhave the oldest one from the litter.’ Before the letter was delivered, Vic sentan email to Zara stating that he was not interested after all. Because of aproblem with Zara’s server, she did not receive the email until after the letterhad arrived.Yvonne sent an email to Zara stating ‘£300 is very expensive for a youngBurmese. Will you accept £200?’ When Zara replied by email that she wouldnot, Yvonne posted a letter which read ‘I accept your offer to sell a Burmesekitten at £300.’Walter paid Zara £300 and took one of the kittens. Two weeks later he complained to Zara that the kitten was in the habit of chewing the furniture. Zara said ’Never mind, he will grow out of it.’ When Walter took the kitten to the vet to see if the habit could be broken, the vet informed him that the kitten was not a purebred Burmese but a much less valuable cross-breed. Walter demands the return of his money from Zara and compensation for the damage to his furniture.  Advise Zara. What Zara would need to know is whether or not there has been a valid contract made with anyone else whom she made the sale of her 'Burmese' kittens to. If there is an agreement, it will only be seen generally if there is clear, unequivocal offer mirrored with a clear, unequivocal acceptance?
	
Document Preview: Zara placed an advertisement in the local newspaper: “Four ‘Burmese’ kittensfor sale. £300 each, lovely pets.” Xavier went to see the kittens and askedZara to reserve the smallest one for him and said that he would return in threeweeks to collect the kitten. Later that day, Zara told her husband that Xavierwas to have the smallest kitten in the litter. Xavier never returned.Vic telephoned Zara about the kittens. After enquiring about the breed, hesaid, ‘I’ll think about it’. The next day, Vic wrote Zara, ‘I’ve decided that I’llhave the oldest one from the litter.’ Before the letter was delivered, Vic sentan email to Zara stating that he was not interested after all. Because of aproblem with Zara’s server, she did not receive the email until after the letterhad arrived.Yvonne sent an email to Zara stating ‘£300 is very expensive for a youngBurmese. Will you accept £200?’ When Zara replied by email that she wouldnot, Yvonne posted a letter which read ‘I accept your offer to sell a Burmesekitten at £300.’Walter paid Zara £300 and took one of the kittens. Two weeks later he complained to Zara that the kitten was in the habit of chewing the furniture. Zara said ’Never mind, he will grow out of it.’ When Walter took the kitten to the vet to see if the habit could be broken, the vet informed him that the kitten was not a purebred Burmese but a much less valuable cross-breed. Walter demands the return of his money from Zara and compensation for the damage to his furniture.Advise Zara. What Zara would need to know is whether or not there has been a valid contract made with anyone else whom she made the sale of her 'Burmese' kittens to. If there is an agreement, it will only be seen generally if there is clear, unequivocal  HYPERLINK "http://www.unifolks.com/myaccount/user-conversation.aspx?assignmentId=192450" \o "Click to Continue > by Text-Enhance" offer mirrored with a clear, unequivocal acceptance?Amy lives alone, but has always been very fond of her cousin,...

David · Accepted Answer

Introduction
Contract is an agreement voluntarily entered by two or more parties so as to create a legal 
obligation and bind the persons entering in contract. There are two elements of contract, they are 
offer and acceptance. Contract is entered between two or more legal parties who are capable of 
entering into contract.  Consideration is involved in a contract; no one is ready to do things for 
others free of cost. Consideration amount is decided with mutual consent of parties. Contract 
may be in writing or it may be oral, it depends on nature of contract and mutual consent of 
parties. For contract meeting of minds should be there. A party could resist a claim of breach by 
providing that he had not intended to be bound by agreement, only if it appeared subjectively 
that he had so intended.
Offer
“Offer is willingness to contract on certain terms made with the intention that it shall become 
binding as soon as it is accepted by the person to whom it is addressed.” The validity of the 
agreement is determined by court.
Acceptance
The essential requirement for acceptance is that the parties have each from a subjective 
perspective engaged in conduct manifesting their assent. Acceptance in simpler language means 
giving assent to the offer. Offer when accepted becomes contract.
Invitation to Offer
It is an expression of willingness, to negotiate. It does not bind the parties until and unless it is 
accepted by the person to whom it is made. The person who accepts invitation to an offer is an 
offeror and will not be considered as offeree. The acceptance will be considered as an offer made 
to the person who invites the general public. The person who accepted the general offer made is 
offeror and after the offer is made, the person who has invited the general public will be 
considered as offeree.
Case 1 Analysis
The advertisement given by Zara in the newspaper is invitation to offer or invitation to treat and 
not an offer because the intention of Zara was not to bind her from advertisement. Xavier one of 
the customers went to see the kitten and asked her to reserve the smallest amongst those three 
and said that he will return in three weeks to purchase the smallest kitten. It is an offer and not 
the invitation to offer because of the simple reason that the intention of Xavier is to bind him by 
the acceptance. There is a general rule that acceptance must be communicated, than only a 
contract can be stated as a valid contract, thus the failure of which will not make an agreement a 
valid contract.  Since it was not accepted by Zara, there is no contract between Xavier and Zara.

1. Zara placed an advertisement in the local newspaper: “Four ‘Burmese’ kittensfor sale. £300 each, lovely pets.” Xavier went to see the kittens and askedZara to reserve the smallest one for him and...

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