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'Or Nearest Offer'

  • 15-02-2017 6:22pm
    #1
    Gryffindor
    Closed Accounts Posts: 133 ✭✭


    I'm a bit confused about the term 'or nearest offer' in relation to contract law.
    If I offer to sell A my car for €5000 or nearest offer, can it really be classed as an offer because the exact price is still to be negotiated? What is it classed as then in that context? An invitation to treat?

    I'd really appreciate it if anyone could help!


Comments

  • #2
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Invitation to treat. Auctions are about the only scenario I can think of where one is forced to sell at a price under the 'offer', and even then only under certain circumstances.


  • #3
    Gryffindor
    Closed Accounts Posts: 133 ✭✭Gryffindor


    Great, thank you! I'm very new to this.

    Just one more query on the topic of minor negotiations; if I accepts A's offer of €5000 for a car and ask that they pay me by cash, have I rejected the offer and made a counter offer by changing the terms, or is it to follow reasonably that this would be a term of the original contract?


  • #4
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Gryffindor wrote: »
    Great, thank you! I'm very new to this.

    Just one more query on the topic of minor negotiations; if I accepts A's offer of €5000 for a car and ask that they pay me by cash, have I rejected the offer and made a counter offer by changing the terms, or is it to follow reasonably that this would be a term of the original contract?

    No idea I'm afraid. I'd say no as cash would be the default payment, but I've no case law to back that up, which your homework will no doubt require :pac:


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