Ans:From the case facts it is understood that Amina wants to sell her five hand crafted lamps for
which she entered into communications with different party and we need to determine whether a
valid contract is formed or not.To form a legal contract, we need to proof offer and
acceptance,capacity,intention to create legal relation and consideration.
Amina placed an advertisement for selling 5 hand made lamps in which her home address and
telephone number were provided in the newspaper.The first issue we need to look into is whether it
is a unilateral or bilateral contract.A unilateral contract is one in which a party who is offeror maked
promise whereas the other party is not required to make promise rather than to give performance of
required act(Caril v Carbolic Smoke ball Company).On the other hand in contract law a bilateral is a
contract in which two promises are made one from offeror and other from the offeree and both the
offeror and offeree are specified.From the case facts it is know that both parties take responsibilities
simultaneously of either performance communication in return of payment therefore it will be
regarded as bilateral contract. Moreover here another issue is that whether the Amina’s
advertisement in newspaper of selling lamp is an offer or invitation to treat which she made to public
at large.The contract law describes offer is when a party invites another party to enter into a bidding
contract(Storer v Manchester City Council1979).Whereas an invitation to treat in contract law is a
vague statement which is to induce people so that negotiations process can start and it may lead to
an offer(Gibson v Manchester City Council1979)and general rule for advertisement in newspaper will
promote to an invitation to treat.From the case facts we know that she placed an advertisement
therefore it is proven it is an invitation to treat,moreover, she stated the prices with statement “call
for further information” which tends to prove that she is considering to sell the lamps if she find any
preferable deal and there is ground for further negotiations and her statement is basically an
invitation for negotiation.
When Brijesh saw the advertisement he started the initial communication and called and left
voicemail for Amina that if lamps are made of wood then he will be willingly to buy two of them and
Brijesh left his contact and asked Amina to reply till saturaday morning.Here issue arises whether this
is a offer or an invitation to treat by Brijesh’s initial communication with Amna.The contract law of
offer and invitation to treat is mentioned above. Highlighting the statement of Brijesh we can say that
he is willingly to pay for two chairs with condition if they are made of wood and left his contact so
that Amina can send her acceptance till saturday morning therefore it proves that Brijesh offered her
with clear and certain statement along with a specific condition which makes the Brijesh as an offeror
defined someone who presents the offer or and Amina as an offeree defined as someone who accepts
the potential offer.Moving further we know that Amina fails to respond to Brijesh till saturaday
morning and she received voicemail after the deadline of offer. In contract law if the offeror has given
a specific deadline to respond to offer for acceptance and offeree fails to respond before lapse of time
then contract will be nullified(Ramsgate Victoria Hotels V Montefiore) and after that period the
acceptance will not be valid.In view of case facts we know that AimanAmina failed to respond to the
offer of Brijesh as she received offer after the deadline which proves that offer is terminated and
there can be no acceptance later.
On friday, charles telephoned AimanAmina that he will buy all five lamps for amount of 90
pounds.Again here issues arises that whether Charles communication with AimanAmina regards as
offer or invitationt to treat. The contract law of offer and invitation is mentioned above already
therefore we will determine whether it is offer or invitation to offer.From the case facts we know that
Charlie gave a clear and certain statement that he is willingly to pay only 90 pounds for five lamps and
he will not increase price above 90 which proves that he left no ground for negotiations and he is
ready to buy lamps for fixed price which constitutes that Charlie’s communication with AimanAmina is
offer. Moving further, Amina wrote letter to Charlie for acceptance of offer and placed a note on her
window and the letter from Amina gets lost. The contract law of acceptance states that the
acceptance must be unconditional and it should be like a mirror image of offer(Entores v Miles Far
East Corp) moreover the postal method which states that acceptance will only be valid by postal
method if it is sent to offeror with correct address stamped and posted by the offeree to
offeror(Adams v Lindsell) and in this regard we shall apply the exception of postal rule that the postal
rule will not be applicable if the post is not reasonable mode of communication based on the case
facts(Hethon v Fraser 1892).Keeping case facts in view we come to know that Charlie called Amina
through phone and presented his offer but Amina tried to communicate the acceptance through
postal method irrespective of the preferred method was telephone and she should have used same
method for acceptance therefore Amina acceptance is not valid and there is no contract formed
between Charlie and Amina.However in case if Charlie have informed early Amina that she can send
her acceptance through sny method of communication then her acceptance would be valid even if
the letter get lost.
Moving to the last person name Drew called Amina and offered to buy a lamp and Amina refused him
on the spot which proves that no contract was formed between two parties.In conclusion we can
advice to Aimna that no contract was formed between Brijesh and Amina as offer was terminated
after the lapse of time, also there was no contract formed between Charlie and Amina as Amina
choosed diiferent method for acceptance rather than preferred method and lastly no contract was
formed between Drew and Amina as she refused his offer therefore she is not under any contractual
obligations.