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After seeing an advertisement for a holiday in Devon, Melanie…

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After seeing an advertisement for...

After seeing an advertisement for a holiday in Devon, Melanie rang the given number to see if she could book a caravan for the 1st week in July. Melanie was told that a caravan was free for that week but that all bookings had to be made in writing. She sent an e-mail confirming that she wanted the caravan for that week and sent a deposit of £100 cheque in the post. She did not hear any more from the holiday company and assumed that the booking had been accepted. However, when she arrived at the caravan site she was told that her booking was not valid as she had sent it via e-mail. The holiday company had sent a letter to her home address with a booking form but this had never arrived.
Analyse fully each step of this problem in terms of offer and acceptance and explain if you think a legally binding contract has come into being. You should use decided cases where possible to help explain your reasoning and show why you reached your particular conclusions.

Submitted: 12 years ago.Category: Homework

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7/24/2010

Tutor: BMW MD, Professor replied 12 years ago

BMW MD, Professor

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BMW MD, Professor

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Customer reply replied 12 years ago

on the phone they gave her terms of the contract, which is that bookings need to be made in writing, is it not melanies fault for not abiding by that term?
wasnt there a signature from melanie to confirm when she sent the 100$ cheque?
why would the cheque be cancelled if it is accepted by the holiday company?
how did u come to a conclusion that the cheque would not be refunded, it is not stated in the case ?
is there consideration to be written about? what about the postal rule?
can u plz give me cases that apply to this scenario?

Customer reply replied 12 years ago

ASAP plz

Tutor: BMW MD, Professor replied 12 years ago

Hello.

1. I agree the booking company gave her verbal requirements that they need written confirmation; however, Melanie did not know she could not email that information

2. The signature was on a check, not on a contract... not the same

3. I meant that canceled by the bank if it were paid

4. I also agree that the check would likely not be refunded as it was not mentioned; the company has not made any movement towards refunding the money.

5. I am from the US, I think you may be from overseas... you did not mention that in your posting... I do not have that information.

Best wishes, BMW MD

Customer reply replied 12 years ago

thank u.

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