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according to Duhaime damage can be defined as a cash compensation ordered by a
court to offset losses or suffering caused by another’s fault or negligence.
Legal Information Institute stated that damage is referred to as a
remedy in the form of monetary compensation to the harmed party. Whereas,
according to Legal Information Institute rescission is the cancellation of a
contract, it may be unilateral,
as when a party rightfully cancels a contract because of another party’s
material breach.  Rescission can also be mutual,
as when the contracting parties agree to discharge all remaining
obligations.  Finally, courts can use rescission as a synonym for voiding
a contract, as for reasons of public policy.

according to University of Liverpool misrepresentation can be defined as a
false statement of fact or law which induces the representee to enter a
contract.  Whereas, mistake
according to Duhaime is “a fundamental error going to the
root of a supposed contract.” Therefore, from the question it can be noted that
it was a mistake and not a misrepresentation since there was a delay in the
postal system and the letter was not delivered to Barbara until Wednesday thus
she did not know a letter was sent to her from Alistair. Additionally, Alistair
claimed for disappointment           

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is another element which was discovered based on the case. According to The Law
Handbook consideration “is the price paid for the promise of the other party.
The price must be something of value, although it need not be money.” A case to
support would be (Thomas v Thomas) (1842) 2 QB 851 it
was held “the executors statement did not create a contract as it only
expressed their motive for entering into the agreement. However, the £1 rent
was recognized as good consideration. Patteson J said (at 859): Motive is not
the same thing as consideration. Consideration means something which is of some
value in the eye of the law, moving from the plaintiff: Without consideration
the transaction was merely a voluntary gift. However, by agreeing to pay rent
in return for being allowed to stay in the property, Mrs Thomas had provided
consideration, even though it was not economically adequate or anything like a
commercial rent for the building. Therefore, the contract was enforceable.”
Therefore, there is a legally binding contract between Cedric Barbara.  It can also be represented as a vitiating
factor which means it can either be void or it is unenforceable illegality.

further accepted Cedric counter offer, based on the question “Barbara who had
been away overnight on business, agreed to the sale,” this is distinguished as
intention. According to The Law Handbook intention to create legal contract “does
not exist simply because there is an agreement between people. The parties to
the agreement must intend to enter into a legally binding agreement. This will
rarely be stated explicitly but will usually be able to be inferred from the
circumstances in which the agreement was made.” A case based on intentions to
create legal relation is Balfour v Balfour 1919 2 KB 571 it was held
“the agreement was a purely social and domestic agreement and therefore it was
presumed that the parties did not intend to be legally bound.” However, related
to the question this is a commercial issue. A case of such would include Esso
Petroleum v Customs & Excise 1976 1 WLR 1 House of Lords, it was held
“3:2 there was an intention to create legal relations. The coins were offered
in a commercial context which raised a presumption that they did intend to be
bound. However, the coins were not exchanged for a money consideration and
therefore the coins were not for resale.”

Wednesday morning Cedric saw Barbara in the street and said he had seen the
advertisement and he would buy the items at 25pounds per item provided that
they were all in good condition.” This can be discussed as a form of acceptance
as it must reflect an offer. According to Duhaime acceptance is defined as “the final
and unambiguous expression of assent to another’s offering to contract,” the
parties must intend to bound legally. Additionally, a counter offer is termed as “an offer that is made by one side in a disagreement after the other side has made an offer that is not acceptable.” A case to support such
details would be Hyde v Wrench (1840) 49 ER 132 Chancery Division (Decided
by Lord Langdale MR) it was held “there was no contract. Where a counter
offer is made this destroys the original offer so that it is no longer open to
the offeree to accept.”

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