On September 1, Adams in Portland, Oregon, wrote a letter to Brown in New York City, offering to sell to Brown one thousand tons of chromite at $48 per ton
On September 1, Adams in Portland, Oregon, wrote a letter to Brown in New York City, offering to sell to Brown one thousand tons of chromite at $48 per ton, to be shipped by S.S. Malabar sailing from Portland, Oregon, to New York City via the Panama Canal. Upon receiving the letter on September 5, Brown immediately mailed to Adams a letter stating that she accepted the offer. There were two ships by the name of S.S. Malabar sailing from Portland to New York City via the Panama Canal, one sailing in October and the other sailing in December. At the time of mailing her letter of acceptance, Brown knew of both sailings and further knew that Adams knew only of the December sailing. Is there a contract? If so, to which S.S. Malabar does it relate?
The offer was made by Individual A to Individual B by drafting a letter only, which has no legal validity, and the disclosures of the shipinformation are not correct, which can increase the chances of fraud, misrepresentation, and mistakes. The offer was accepted by sending a mail, which also does not have legal validation to bind the parties.
The contract should be executed related to the shipment selling in October from Country P because the seller can blame the purchaser for not informing about the facts of thetwo ships sailing form the same country at the time of accepting the offer.
There is no execution of alegal contract between Individual A and Individual B in the case because the proposal was made by sending a letter and the acceptance of the proposed offer is done through the mail. Besides that, both parties were confused about the shipment.
The contract should be executed according to seller shipment because the purchaser hid the information and made the mistake; the purchaser can be held liable by the seller for the same.