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Felthouse offered by a letter to buy his nephew's horse for 100,000 saying "If I hear no more about him, I shall consider the horse mine." The nephew sent no reply at all but told Bindley, his auctioneer not to sell that particular horse as he intended to sell that horse to Felthouse. Bindley sold the horse by mistake. Felthouse filed a suit against Bindley. Will he succeed?
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Felthouse offered by a letter to buy his nephew's horse for 100,000 sa...
Legal Principle:
According to the principle of contract law, for an offer to be accepted, the offeree must communicate the acceptance to the offeror.
Analysis:
- Felthouse's Offer: Felthouse made an offer to buy his nephew's horse for 100,000 and stated that if he did not hear anything to the contrary, he would consider the horse his. This created a unilateral contract where acceptance would occur through the nephew's silence.
- Nephew's Silence: The nephew did not reply to Felthouse's offer, which does not constitute acceptance under contract law. Silence does not amount to acceptance unless specifically stated in the offer.
- Intention to Sell: The nephew informed Bindley, the auctioneer, of his intention to sell the horse to Felthouse. This shows that the nephew did not intend to accept Felthouse's offer through silence but instead wanted to sell the horse to him.
- Mistaken Sale: Despite the nephew's instructions, Bindley mistakenly sold the horse. This mistake does not change the fact that there was no valid acceptance of Felthouse's offer by the nephew.
- Likelihood of Success: Felthouse is unlikely to succeed in his suit against Bindley as there was no valid acceptance of his offer by the nephew. The nephew's silence did not constitute acceptance, and his intention to sell the horse to Felthouse was communicated to the auctioneer.
Therefore, Felthouse's suit against Bindley is unlikely to succeed due to the lack of acceptance of his offer by the nephew.
According to the principle of contract law, for an offer to be accepted, the offeree must communicate the acceptance to the offeror.
Analysis:
- Felthouse's Offer: Felthouse made an offer to buy his nephew's horse for 100,000 and stated that if he did not hear anything to the contrary, he would consider the horse his. This created a unilateral contract where acceptance would occur through the nephew's silence.
- Nephew's Silence: The nephew did not reply to Felthouse's offer, which does not constitute acceptance under contract law. Silence does not amount to acceptance unless specifically stated in the offer.
- Intention to Sell: The nephew informed Bindley, the auctioneer, of his intention to sell the horse to Felthouse. This shows that the nephew did not intend to accept Felthouse's offer through silence but instead wanted to sell the horse to him.
- Mistaken Sale: Despite the nephew's instructions, Bindley mistakenly sold the horse. This mistake does not change the fact that there was no valid acceptance of Felthouse's offer by the nephew.
- Likelihood of Success: Felthouse is unlikely to succeed in his suit against Bindley as there was no valid acceptance of his offer by the nephew. The nephew's silence did not constitute acceptance, and his intention to sell the horse to Felthouse was communicated to the auctioneer.
Therefore, Felthouse's suit against Bindley is unlikely to succeed due to the lack of acceptance of his offer by the nephew.
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Felthouse offered by a letter to buy his nephew's horse for 100,000 saying "If I hear no more about him, I shall consider the horse mine." The nephew sent no reply at all but told Bindley, his auctioneer not to sell that particular horse as he intended to sell that horse to Felthouse. Bindley sold the horse by mistake. Felthouse filed a suit against Bindley. Will he succeed?
Question Description
Felthouse offered by a letter to buy his nephew's horse for 100,000 saying "If I hear no more about him, I shall consider the horse mine." The nephew sent no reply at all but told Bindley, his auctioneer not to sell that particular horse as he intended to sell that horse to Felthouse. Bindley sold the horse by mistake. Felthouse filed a suit against Bindley. Will he succeed? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about Felthouse offered by a letter to buy his nephew's horse for 100,000 saying "If I hear no more about him, I shall consider the horse mine." The nephew sent no reply at all but told Bindley, his auctioneer not to sell that particular horse as he intended to sell that horse to Felthouse. Bindley sold the horse by mistake. Felthouse filed a suit against Bindley. Will he succeed? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Felthouse offered by a letter to buy his nephew's horse for 100,000 saying "If I hear no more about him, I shall consider the horse mine." The nephew sent no reply at all but told Bindley, his auctioneer not to sell that particular horse as he intended to sell that horse to Felthouse. Bindley sold the horse by mistake. Felthouse filed a suit against Bindley. Will he succeed?.
Felthouse offered by a letter to buy his nephew's horse for 100,000 saying "If I hear no more about him, I shall consider the horse mine." The nephew sent no reply at all but told Bindley, his auctioneer not to sell that particular horse as he intended to sell that horse to Felthouse. Bindley sold the horse by mistake. Felthouse filed a suit against Bindley. Will he succeed? for CA Foundation 2024 is part of CA Foundation preparation. The Question and answers have been prepared according to the CA Foundation exam syllabus. Information about Felthouse offered by a letter to buy his nephew's horse for 100,000 saying "If I hear no more about him, I shall consider the horse mine." The nephew sent no reply at all but told Bindley, his auctioneer not to sell that particular horse as he intended to sell that horse to Felthouse. Bindley sold the horse by mistake. Felthouse filed a suit against Bindley. Will he succeed? covers all topics & solutions for CA Foundation 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Felthouse offered by a letter to buy his nephew's horse for 100,000 saying "If I hear no more about him, I shall consider the horse mine." The nephew sent no reply at all but told Bindley, his auctioneer not to sell that particular horse as he intended to sell that horse to Felthouse. Bindley sold the horse by mistake. Felthouse filed a suit against Bindley. Will he succeed?.
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