1 (a) Avril runs services she advertises in local print and online media. Belinda contacts Avril to have a shed built and provides a description and drawing of the planned shed. Avril responds by return and quotes a price of £750 in writing, with the stipulation that the offer remains open for a period of seven (7) days. Belinda emails Avril within the 7-days period that she will not accept the quotation. A couple of days later, having had second thoughts, Belinda emails back that she will accept the quotation after all. Avril emails back that the price is now £900.
State what a contract is, and the conditions for forming one. Then, advise Avril and Belinda on which contract(s), if any, have been formed in this negotiation and their rights and responsibilities under such contracts.
(b) Charlie distributes advertising flyers offering electrical services to homes in the town of Flitterbug. Darwash contacts Charlie at the email address printed on the flyer seeking extensive wiring replacement at his home. Charlie replies that any eventual contract will be made with him, but sends Eddie, an independent contractor, to assess the work needed. Eddie quotes Darwash £3,500 for the work. Darwash emails Charlie to accept the quotation. He does not hear back from Charlie, but Eddie phones to confirm that he will start the following Monday. Eddie completes the work. Darwash receives a bill for £3,500 from Eddie and £500 from Charlie. It turns out that Charlie is not the electrical contractor, but merely an agent who finds work for other electricians, like Eddie. After turning on the taps in his home, Darwash discovers that Eddie’s work is incompetent and needs to be redone entirely.
Advise Darwash on which contract(s), if any, have been formed and his rights and remedies in relation to both Charlie and Eddie.
A maximum of 1500 words.
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