Your assignment is to prepare and submit a paper on obligations in the european contract act. The specific performance of the task by the offeree is the objective indicating that the offeree has agreed to the terms of offer and acceptance. Therefore, it flows that there are three aspects to it, firstly, there is a valid offer flowing from the offeror to the offeree, secondly, the offeree accepts the offer by promise or conduct, and thirdly, the object of consideration is fulfilled by the offeree.
Therefore it could be logically analyzed that the offer is an expression of willingness to contract on certain terms and the intention of the offeree, upon specific performance, becomes binding as soon as it is accepted by the person to whom it is intended. (Offer).
In the above case, Aishah fulfilled the terms of the offer made by her father, Hasan, by attending all her seminars and also by graduating with a first-class degree. By conduct, she has accepted and fulfilled all the terms of the agreement. Thus her father is bound to pay her £1000 and also give her a car as promised to her through a valid offer. This could be enforced by Aishah on her father, Hasan. There are several rules which govern offer and acceptance. In the first place, the communication of acceptance has to be communicated to the offeror by the offeree, or by any other person. Again, in the case of non-acceptance, the fact should also be communicated to the offeror. In the leading case, Felthouse v.Bindley (1862) 142 ER 1037, it was held that silence was not tantamount to acceptance. The details of this case were that an uncle wrote to his nephew expressing his intentions to buy one of his horses. He wrote if he did not hear from the nephew, he would consider the horse as his (uncle) own. The nephew did not reply. The uncle thought he had established ownership over the horse by implicit acceptance. However, later, the horse was sold through auction. The uncle sued the auctioneers, on the grounds that the horse belonged to him. Held, since there no acceptance on the part of the offeree, the uncle’s claim was invalidated by the Court. (Moles).
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