Case of Mr A and Mr B

The offer to sell a book for £1,150 by Mr B cannot be an offer because it is an invitation to treat. It can seem that Mr A and Mr A made a contract when one called another. To make a contract there must be 4 elements: agreement, consideration, intention and capacity. They both have capacity because they are adults, they both have an intention to create legal relation in this commercial case, and, moreover, they made a verbal agreement not to sell the book to anyone else until Mr A phones him back in three days with a new offer. But it is not an agreement to make a contract; Mr B just set a condition. So they have a condition, capacity and intention. Is it not a contract? Well, it might be an oral contract that involves a promise by one party and an act by the other party. A promise was from Mr B to keep the book and the act from Mr A to call back in three days.

Case of Mr B and Mr C jr

This case is between minor and adult and I can easily say that Mr C jr does not have a capacity to make a contract. But they agreed they would have a deal when Mr C jr become 18-year-old. Not to lose an opportunity to buy this rare book Mr C jr gave Mr B a £60 deposit to keep the book for him. Actually, it was a voidable contract by Mr C jr (does not have a capacity) that includes consideration – money from one party and a promise not to sell. According to the law, a thing of exchange can be money, physical objects, services and promised actions. They also had an agreement and intention. Mr C jr can cancel a treaty and has his money back because he is a minor, but Mr cannot leave the contract – capacity protects minors from being taken advantage of.

Case of Mr D, Mr A, Mr B and Miss E

Mr A promised to sell the book to Mr D and it can seem that they had an oral contract because they both have capacity, intention to create legal relation and agreement, and the ‘book’ as a thing of exchange. Then Mr A phones Mr B within 3 day as they agreed and tell him that he meets his original price. Mr B told that he has just sold it to Miss E for £1,275. It was not true but Mr B is the owner of the book and according to the law he can set any price he wants.