Stevenson And Jaques

S2801148 Task Two: Stevenson Jacques & Co v McLean (1879-80) L.R. 5 Q.B.D. 346 Queens remove Division Procedural History/Facts: The defendant, McLean harbinger oneselfed Stevenson an offer for the iron at 40s per long ton and express in the telegram he would hold the offer overt until Monday. On Monday morning Stevenson replied by telegram paternity: revel wire whether you would accept 2score for delivery oer two months, or if non, longest hold in you would give. McLean did non suffice back and later the same(p) day he interchange the warrants for the iron and replied back to Stevensons telegram declaring he had substitute the warrants. However before it was authoritative Stevenson sent a telegram to McLean accepting his offer. McLean refused to deliver to Stevenson and subsequently was sued by him. The board effectuate the fundamental interaction surrounded by was of buyer and seller in front than that of principle and agent. Legal Issues: The net legal issue that emerged was whether the interaction between McLean and Stevenson resulted in a contract in regards to define of the warrant of iron. This brought about compete between the two parties and meant analyzing the telegrams that were exchange between McLean and Stevenson to identify whether a contract was formed or not.

Legal Reasoning: The defendant, McLean argued that the telegram sent by Stevenson to him on the Monday morning clearly indicated a rejection to his offer and was suggesting a stark naked offer. Therefore he weighty he had the right to usher out the new offer. Stevenson argued that his telegram was merely an inquiry and not a proposal for a new offer. He in any case reasoned that because of this, an answer was evaluate from McLean and the defended should have considered it as that. Reasons for understanding: The enounce found that no implied contract had been formed and base the ratiocination on the duration the telegrams were sent, and the fact that the marked was unstable. Also, it would be incredible that Stevenson would have unlikable the negotiation as...If you want to amount a full essay, nine it on our website: Orderessay

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