Am I still considered to have entered into a contract if I don&#39;t receive the other party&#39;s acceptance? I sent a purchase order via email to a company to supply and invoice for around £200 worth of equipment on behalf of the organisation I volunteer for. I did not get a response after a few days, so sent a follow up email via a contact form on their website, and posted on their facebook page (also no response). All this time, their phones were not being answered either. After a week and a half, I wrote off the idea and purchased what I wanted from elsewhere. At the beginning of this week I received a notification from a courier that my package was on the way and it was from this company. Tangentially, the package didn't arrive next business day as per the courier's email, so today I phoned to find out why and it hadn't been booked into their warehouse properly. I told them not to bother delivering it and to return to sender. I followed that up with an email to the company explaining that their lack of response led me to assume they weren't going to supply what I asked for and that I couldn't understand why they sent me the equipment before receiving payment, despite us having no prior relationship. They have now replied saying they issued an invoice on the 16th, with 30 days payment terms (the original order was sent on the 11th) and that as I'm now returning the items they expect me to pay their re-stocking fee which amounts to about £50. I have refused on the grounds I've laid out above. My question: their website terms state &quot;When an order is placed online, by telephone, email, post, or in person, the order will be considered as accepted by [company name] when you checkout online and complete payment, or (if not shopping online) when we supply an invoice to you.&quot; At what point does is it deemed that they have supplied an invoice? If they sent one and it genuinely disappeared into the ether, have they supplied it in the eyes of the law? I can prove without a shadow of a doubt that I've had no email from their domain into our (Office 365) domain until today, but that doesn't preclude the email disappearing before it got to us. From their perspective they have accepted the terms of my request even if I haven't recieved notification of it. This is on the assumption they genuinley sent an invoice, which even if they didn't they can fudge proof of. I am a domain admin on our O365 and can see the email is not in quarantine or in any way hit our Exchange server. Even if it did, that doesn't excuse their lack of response to my follow-up email or facebook message.
No The contract is created at the moment that an offer was accepted. In normal circumstances: You accepted an offer that they made to the general public by sending a purchase order for specific items at specific prices, or They accepted your offer by communicating their acceptance to you (being advised that the goods have been dispatched counts). However, in this circumstance, the company has been explicit that the contract is only created when either: You checkout and pay, or They “supply an invoice to you.” It appears that neither event happened so there is no contract. Their specific terms have overridden the common law rules on offer and acceptance (as they are allowed to do) and the offer has not been accepted until you receive their invoice. Specifically, it cannot be accepted by performance (dispatching the goods) and the requirement for the invoice to be supplied overrides the postal rule. Note that, in this case, you got lucky. 99 times out of 100 there would have been a valid contract and you would have breached it. In future, cancel orders specifically, don’t make assumptions.
Fax or email At this time in common law, faxes and email are considered to have been accepted when actually communicated to the other party. This means that if I sign a contract and send it to you, I acceptance of the offer is not actually effected until you read it. Post However, the postal acceptance rule can play havoc with this. Under this rule, and specifically for post, as long as there is some indication that we contemplated acceptance by post, my acceptance of the offer is effected the moment I put it in the mailbox, regardless of when or whether it actually reaches you. Your scenario A has signed a contract and faxes it to B B doesn't reply A or B tries to claim that they never agreed to this or signed this B has read the contract and was the offeree If B claims not to have read it, A must prove that they have, or that acceptance was otherwise communicated to them. This is unless the postal acceptance rule applies, in which case it does not matter whether or not it was read. Proving that it was posted is a different matter. B hasn't read the contract or was not the offeree A was the offeree (A sent B a signed contract) In this case, A must prove that they actually communicate a revocation of the offer. If B has not accepted the offer, then A can communicate this in any reasonable way. If B has accepted the offer, then A must prove that the revocation was effected prior to their acceptance. Otherwise, A is bound by the contract. A and B drafted this contract together (offer and acceptance is unclear but there is clearly agreement at some point) In this case, it's a bit murkier but it is likely that A would not be bound by the contract.
The retailer You can try making a subject access request under Articles 15(1) and 15(3) of the UK GDPR. Provide as much information as you can (your name, date of purchase, store you purchased it from, copy of the receipt, etc.) and ask for the serial number. If they still have it, and it is stored in a way which is linked to you in an identifiable way, then they are obliged to provide it without undue delay (and in any event within 30 days). You may want to provide a copy of your passport in the request to pre-empt them coming back with an ID check request under Article 12(6), which then allows them to delay processing the request until you have replied. As stated above, if they no longer have the data or you are not identifiable from the data then they do not have to provide it. If they do have to provide it but refuse then you can complain to the Information Commissioner's Office or ask the County Court for a compliance order under section 167 of the Data Protection Act 2018. The insurer Regulation 3(1) of the Consumer Protection from Unfair Trading Regulations 2008 prohibits &quot;unfair commercial practices&quot;. Regulation 3(4) provides that a commerical practice is unfair if, inter alia, it is listed in Schedule 1. Paragraph 27 of Schedule 1 contains the following item: Requiring a consumer who wishes to claim on an insurance policy to produce documents which could not reasonably be considered relevant as to whether the claim was valid, or failing systematically to respond to pertinent correspondence, in order to dissuade a consumer from exercising his contractual rights. As you've provided proof that you purchased the item, you can try to argue that having the serial number of the lost item can not &quot;reasonably be considered relevant&quot;. Yes, the contract says that you must provide it, but consumer rights legislation overrides contractual provisions. You may also want to consider dealing with the insurer by email/post instead of by phone, (a) to avoid continuing to waste time on hold, and (b) because if they systematically fail to respond then this may also cause them to be in breach of the above provision, (c) to acquire evidence which you can use later. Escalating If you get no results from the insurer, make a formal complaint to them through their complaints process. Under the FCA Handbook rule DISP 1.3.1R, the insurer is required to provide a complaints procedure. Under rule DISP 1.6.2R they are required to provide a final response to a complaint within 8 weeks. If you are not happy with the response, you can escalate the complaint to the Financial Ombudsman Service which has the power to make financial awards pursuant to section 229 of the Financial Services and Markets Act 2000 (&quot;FSMA&quot;). Doing so is free of charge and is therefore a good alternative to going to court. The ombudsman can also make awards that are not strictly based on law (i.e. they can go further than the courts can) because of section 228 of FSMA which provides that: &quot;A complaint is to be determined by reference to what is, in the opinion of the ombudsman, fair and reasonable in all the circumstances of the case.&quot; You must generally escalate a complaint to the Ombudsman within 6 months of receiving your final response from the insurer (rule DISP 2.8.2R).
If someone sends you something that you did not request, that is &quot;unordered merchandise&quot;, and under US law, can be treated like a gift meaning that you do not have to return the goods or pay for it. Under the circumstances that you describe, this is not classic unordered merchandise. The vendor simply has to claim (and prove) that you did order the merchandise, which could be done in small claims court. What is unclear at present how any person could, out of the blue, decide to send you the same thing a week later. Innocent error is one possibility (slip-up by either party or some communication error by Ebay), as is fraudulent skullduggery (credit card fraud). The point is that the vendor would have to prove that you did indeed order the goods, so if they want to avoid paying for shipping (if we are still talking about a non-litigious response), they would need to provide compelling proof that you did indeed order the goods. This almost certainly will involve Ebay's tech staff (who would be in the best position to say where the order actually came from). So, yes, you could be sued in small claims court, and it really depends on how strong their proof is that you ordered the goods.
Is there any sort of implied expiration date for a contractor's completion for medium size contractor jobs (&lt; $10k)? Absent a provable deadline, the question would be whether the delay is reasonable (or habitual) under the circumstances. The contractor's presumption that he can do whatever he wants regarding unspecified aspects of a contract is inaccurate. Those matters can still be decided on the basis of contract law and/or under principles of equity. See also the Restatement (Second) of Contracts, which is frequently cited by U.S. courts, at §235(2) and §243 regarding non-performance of a contract. Will my verbal complete-by date hold up in lieu of any written complete-by date? It depends on each party's credibility. Proving that he essentially ignored your follow-up requests will make it harder for him to credibly refute your assertion about the verbal deadline. In case none of your follow-up efforts (or none of his responses) are in writing or if he denies that you repeatedly called him, you might want to subpoena his phone service provider --if the matter goes to court-- and file as evidence the resulting production of records.
The contract remains valid. Most contracts don't need to be written at all. Even if yours did need to be written under the Statute of Frauds or some other law, you're saying that it was made in writing, even though you later tore it up. The fact that the contract is missing or destroyed doesn't change the fact that it exists and obligates the parties; it just makes it harder to prove what it said.
If the stranger was aware of the reward offer at the time of the return you have a legally binding contract - you made an offer to the world, money for return of the phone, and they accepted it by returning it. If they were ignorant of your offer and returned the phone then there is no contract and you do not have to pay: albeit at the cost of being a jerk. Of course, if they obtained your phone unlawfully (e.g. by stealing it) the contract is void.
Neither The contract is completed when each party has totally fulfilled its obligations under the contract. In this case, it is when the purchaser has consumed or otherwise dealt with the banana to their satisfaction. The vendor has ongoing obligations under the contract until this happens. For example, obligations that the banana is of merchantable quality and fit for purpose. If the purchaser peels the banana and discovers that it is "off" or eats the banana and develops food poisoning then the vendor still has obligations and can be sued under the contract. Yes, I realize that no one is going to sue anyone over a rotten banana but let's assume that "banana" is code for 54km of motorway construction and £1 is actually £1 billion. When is the contract formed? This is not a trivial determination and there are literally hundreds of thousands if not millions of lawsuits that have turned on this exact question. Once the contract is formed its binding on both parties; until then, either can walk away (subject to estoppel) The traditional analysis involves offer and acceptance. In your banana scenario, the shop displaying "Banana's: 50p/each" (it's a fruit shop - they always have unnecessary apostrophes) is not an offer - it is an invitation to treat. An offer is made by Ben placing the banana on the counter and proffering the £1, it is accepted by Sam taking the £1. At this point, the sale is binding on both parties. Ben has fulfilled all his obligations under the contract, Sam still has some. In addition to those discussed above, he owes Ben 50p. Strictly speaking, this is not an obligation under the contract but a debt due and payable. Consumer protection law The proceeding is a strict contract law interpretation - many jurisdictions have consumer protection legislation (and food safety laws for bananas) that impose additional protections and may change the contract law position.