Multiple choice

Fact: D wrote to P on 28 November 1971, offering to sell 800 tonnes of iron at Rs 6900 per ton. On the same day P wrote to D offering to buy 800 tonnes of iron Rs 6900 per ton. The two letters crossed in post and neither of them knew anything about the offer to the other. P contended that there was a good contract. Issue: What is the nature of contract and liabilities of the parties?

  1. There was no valid contract because an agreement results into a contract when there is an offer from one side and its acceptance from the other side so no question of any liability rises.

  2. It is a voidable contract at the option of P because P had offered to sell the product.

  3. It is a voidable contract at the option of P because P had offered to buy the product.

Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

When offers cross in post, neither party knows of the other's offer at the time they send their acceptance. There is no meeting of minds - no consensus ad idem. Both parties made offers, but neither made an acceptance of the other's offer. No valid contract was formed.