BussinessLaw商法.doc

Assessment item 2 0922 Wu Kefei Introduction Peter is a construction business’ owner. Wendy has a fleet of trucks. Peter contacts Wendy because he needs a truck to transport building material .And then; they have several telephone discussions about Mercedes Benz 5000 truck that Peter is interested in buying. After that all the things happened, which about offer and acceptance. Main body First of all, they have several telephone discussions about Mercedes Benz 5000 truck that Peter is interested in buying. The existence of an agreement is not enough to make a contract. Contract law requires evidence that the parities intended to do more than make an agreement and that they intended to make a contract. As we can see they have intention to create legal relations. Secondly ,during the discussions, Peter ask Wendy whether the truck have heavy duty suspension for he have to transport bags of concrete to construction projects in rural areas. Wendy says these trucks have. An agreement may not be a contract: The rules of offer and acceptance help work out if a contract exists. Whether an offer was made by one party was made by one party which was accepted by the party. And the courts may also take a global approach “to work out whether the parties have reached a concluded contract. According to the descriptions, we know that Peter ask Wendy whether the truck have heavy duty suspension, Wendy says these have. So the conduct of the parties what they said, meat and did, must be examined to work out if there was a “meeting of the minds”. However, Peter doesn’t do anything else to accurate or analysis what the Wendy said is true or not. He believes what was said by Wendy. And then, Peter sends Wendy a letter in which he offers to buy the truck for$300,000. The letter reaches Wendy on 5 November. She signs the nominated place for acceptance, and puts the acceptance into the post on 7November. the offer was accepted on 7