Legal Positions of Wilson and Tim in the Law of Contracts

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August 20, 2021
1 Discuss the legal positions of Wilson and Tim in the Law of Contracts.
1 The law of contracts provides the following elements of a valid contract between parties such as a (1) consent, (2) object, and (3) consideration. Accordingly, in a contract of sales, the contract is deemed fulfilled when there is the delivery of the object being sold. In this case, however, it could be seen that Wilson and Tim is not yet trying to enter into a Contract of Sale, but rather in a Contract to Sell wherein Wilson offered the dogs to Tim. Thus, Wilson can be considered as the offeror, whereas Tim is the offeree. This gives Tim the right over the subject matter, even though the contract is oral in nature.
Accordingly, in the case of Gibbs v. Lakeside Development Ltd., the Court has decided that the method of accepting a contract is not a strict legal requirement, for it merely serves as a guideline or recommendation. This means that Tim should have the legal right, even though his acceptance was not made through the mode that was specified in the offeror’s contract to sell. Additionally, aside from that fact that Tim’s mode of communicating his acceptance does not affect its validity, the fact that there is a purchaser in good faith provides an application of the postal acceptance rule. It could be seen that Wilson’s offer includes a condition that acceptance must be through the use of WhatsApp. The Postal Acceptance Rule and other jurisprudence under UK Law provides that generally acceptance can be done through any modes or mediums available and that the contract is deemed accepted when the mail is “posted” rather than accepted. However, this admits the exception wherein the offeror explicitly provides for a specific medium to transmit one’s acceptance. Thus, following the Postal Acceptance Rule Tim should have used WhatsApp in transmitting his answer (Ibrahim, 2007).
Because of the application of the Postal Acceptance Rule wherein the contract is deemed accepted when posted, W...