1) The issue of this question is whether Scott and Kyle can bring legal action against
Wayne for what they felt is a breach of contract when he decided to sell his house to
Magdalene.
Under the law governing of offer and acceptance, John made the offer through the
newspaper, Carlill v Carbolic Smoke Ball Co (1893] as the advertisement on the
newspaper somehow did make an offer to the public that he wanted to sell his house at 2
million dollars. The people who read the newspaper and show interest on buying the house
accepts the offer.
In applying the law to the facts of the case before us, John made a valid offer to sell his
house for two million dollars.
For Scott’s case, he went to view of the house and decide to make a counter offer to Wayne
One of the example case are Hyde v. Wrench (1840) where one party offer to buy at a
lower price. Applying to this case, Scott destroys the original price of 2 million to 1.8
million. However, Wayne remains silence and did not further talk about the counter offer
that Scott made Felthouse v Bindley (1862) where one party remaining silence does not
mean that F’s nephew agree to offer of F wanting to buy the horse for $30. Another
example of silence does not mean acceptance of offer is Vogt v Madden (1985) [Vogt v
Madden – Case brief Summary, 1985] where Vogt took Madden’s silence as if he accept
