B offers to sale his car to A for rs.95,000 Case Study


B offers to sale his car to A for rs.95,000. A accepts to purchase it for
94,000 B refuse to sale the car for 94,000. Subsequently A agrees to
purchase the car for 95,000 but B refuses to sale. A sues for the specific
performance of contract will he succeed?
Ans :
The given case is under the chapter of offer and invitation to an offer which means
the signification by one person to another of his willingness to enter in to a contract
with him on certain terms. It may be expressed or implied from the conduct of the
in this set case B offers to sale his car to A at a specific cost as per B’s desire. A
made a counter offer and A rejected subsequently B agrees to purchase on the
original offer rate but B refuses to proceed.
Case : Harvey V/S Facie
In this case Facie had a bumper hall pen. Harvey sent telegram to Facie asking
about two questions :
1. Will you sell the bumper hall pen ?
2. What is the minimum price of bumper hall pen ?
Facie replied the minimum price of pen is 100 pounds after some time Harvey
replied that he is willing to purchase the pen but Facie didn’t replied to Harvey
because it is just an invitation to an offer therefore here facie need not have to sell
the pen.
Judgement :
As mentioned above to enter in to the contract there should have a willingness of
both the parties to agree on same. Here A showed his willingness to sell the car and
even B showed the interest to purchase by making first counter offer and then
agreeing on same price but because of lack of faith on partner, B may refuse to enter
in to contract. Since it is a invitation of an offer and no proper contract made between
two parties therefore B need not have to sell the car to A.

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