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Advise Logan as to whether a valid contract was formed with Jack and if so whether Logan can claim for the 500 he would have earned selling merchandise?

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Advise Logan as to whether a valid contract was formed with Jack and if so whether Logan can claim for the £500 he would have earned selling merchandise?

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Answers-

ISSUE OF THE CASE-

In the given case scenario, Jack had sent letters to musicians which was considered as an invitation to the offer. When Logan (Varney, 2017) received the Jack invitation to make offer, he replied Jack through via post that he is willing to perform at the union on 23rd of May but his fee was seven hundred fifty euros which was more than Jack (Austen-Baker, 2017) has written in the invitation to offer letter. But Jack replied his letter which would be considered as an acceptance.

Advise Logan as to whether a valid contract was formed with Jack and if so whether Logan can claim for the £500 he would have earned selling merchandise?

RULE OF THE LAW-

The valid contract must legally bound all the parties to perform the requirements of the contract. The contract will be valid when there is offer, acceptance, and the consideration, as well as there is intention of creating a legal relation, as well as the certainty and capacity. If there is an absence of these essential circumstances (Harder, 2020) in the contract, then it would be considered as an invalid contract. So, the essential element of the valid agreement, as per contract act, 1872 that states that there must be an offer and there must be an acceptance.

ANALYSIS OF THE CASE-

In the given case scenario, Jack had sent letters to musicians which was considered as an invitation to the offer. When Logan (Varney, 2017) received the Jack invitation to make offer, he replied Jack through via post that he is willing to perform at the union on 23rd of May but his fee was seven hundred fifty euros which was more than Jack (Austen-Baker, 2017) has written in the invitation to offer letter. But Jack replied his letter which would be considered as an acceptance.

Thus, there was a valid contract formed between logan and Jack, as logan has made the offer and Jack has accepted the same. But there was no mentioning (Varney, 2017) about that Logan would sell his merchandise after the performance, and this clause was never a part of the contract. So, Logan cannot make any kind of the claim for the £500 he would have earned selling merchandise.

This situation is different from the situation of Kate, as Kate has only made an offer to Jack after receiving the invitation to offer, but there was no acceptance from the side of Jack, thus this does not form the contract between Kate and Jack.

In reference with the case law Hadley v Baxendale (1854), a breaching party becomes liable for all the losses that the parties in the contract have foreseen, but not for those losses that breaching party has never foreseen or about (Harder, 2020) which he was having no information. Thus, Jack is not liable for the loss of five hundred euros, which is being claimed by logan, but he is liable for the loss of seven hundred and fifty euros, which was already discussed in the contract discussed between them.

CONCLUSION OF THE CASE-

The acceptance must be communicated to offeror, either through post, or letter, or e-mail, and mere silence does not amount to acceptance, (Varney, 2017) subject to certain exceptions. Further, Jack is breaching the contract by not letting Logan play.

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