Thread: acceptance problems

Peter received leaflet from John Mole's shop which showed a 3 piece suite on sale for £800. Peter went to the shop and asked if the suite was second hand. John replies "The items are yours for £700 provided that you send me an email by 5pm today to confirm that you want them".

Peter checks his levels of savings and sends a fax (not an email) at 4pm which stated "I confirm that I wish to buy the suite for £700"

John intends to sell the suite to a third party for £1000.

Is there a contract formed?

My initial thoughts were that no contract has been formed due to the method of acceptance being incorrect. On the other hand, emails are not a legit way to accept an offer and so faxing would be more beneficial. Can anyone suggest a case study which relates to this issue?

Thanks

Oh.. I didn't know emails were not legit? (Authority??)

Since he requested an email, I believe there has been an acceptance and he is now bound by the contract.

e-mails are a legitimate form of acceptance. Unless a different form of communication has been specifically excluded then any method of communication which is as quick as the prescribed method is acceptable according to Tin v Hoffman.