S2801148 Task Two: Stevenson Jacques & Co v McLean (1879-80) L.R. 5 Q.B.D. 346 Queens work bench Division Procedural History/Facts: The defendant, McLean declare oneselfed Stevenson an offer for the fight at 40s per long ton and stated in the conducting wire he would hold the offer open until Monday. On Monday sunup Stevenson replied by telegram paternity: Please wire whether you would shoot forty for granty oer two months, or if non, continuing limit you would give. McLean did not reply patronize and later on the same day he sold the warrants for the iron and replied back to Stevensons telegram declaring he had sold the warrants. However forrader it was received Stevenson sent a telegram to McLean accepting his offer. McLean refused to deliver to Stevenson and subsequently was sued by him. The board name the fundamental interaction between was of buyer and seller earlier than that of principle and agent. court-ordered Issues: The ultimate legal is sue that emerged was whether the interaction between McLean and Stevenson resulted in a contract in regards to get of the warrant of iron. This brought around debate between the two parties and meant analyzing the telegrams that were exchange between McLean and Stevenson to range whether a contract was formed or not.
Legal argument: The defendant, McLean argued that the telegram sent by Stevenson to him on the Monday morning all the way indicated a rejection to his offer and was suggesting a crude offer. Therefore he wakeless he had the right to usher out the vernal offer. Stevenson argued that his telegram was merely an i nquiry and not a proposal for a new offer. ! He also reasoned that because of this, an say was expected from McLean and the defended should set out considered it as that. Reasons for judgment: The enounce found that no implied contract had been formed and based the ratiocination on the time the telegrams were sent, and the fact that the marked was unstable. Also, it would be incredible that Stevenson would have closed the negotiation as...If you want to get a just essay, order it on our website: BestEssayCheap.com
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