Legal positions of all the parties
Legal positions of all the parties
Order Instructions:
Gibson comes to you, his lawyer, asking you to explain the legal positions of all the parties. how would you respond?
SAMPLE ANSWER
From the above case, it is evident from the beginning that there was a clear manifestation by both parties to enter into a contract. Despite the offer being brought into the table, the law allows for the revocation of the offer at any time before the offer is accepted and such revocation must be communicated. In this case, Campbell revoked the offer made to Gibson after getting a good deal from another client. However, the revocation never reached his client in good time due to postal delays. According to Tepper (2011), revocation of the offer only becomes effective when the notice is received, to imply that Gibson was right to accept the offer since he was yet to receive the revocation letter. An offer is irrevocable after the acceptance and an offer is also irrevocable if the offeree has commenced to perform acts that constitutes acceptance. In this case, Campbell had already revoked the offer to Gibson since he found a better deal elsewhere. Therefore, Campbell is not justified to force Gibson into buying his property since his letter of revocation was finally received by Gibson. In this regard, there is no offer and acceptance between these two parties since Campbell rejected Gibson’s offer and Gibson also changed his mind after realizing that he is not financially prepared. Therefore, Campbell has no legal reasons to sue Gibson for breach of contract since he contributed to the contract to being successful. On the other hand, Gibson is free from this contractual agreement since he received the revocation letter from Campbell that erased their contract. Despite Campbell commencing performance regarding the offer, he has no legal claim for this since he does this after rejecting the offer between him and Gibson. Therefore, Campbell has no legal reasons to due Gibson and Gibson has no liability for the breach of contract.
Reference
Tepper, P. (2011). The Law of Contracts and the Uniform Commercial Code. Cengage Learning; 2 edition
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