Welching

[Walterp shakes his head in wonderment, whilst rummaging for an adjustable spanner in among the balls of old string and discarded, dusty, vests on the tractor cab floor.

He mumbles to himself "Christ! If I wrote my neighbours a letter every time I bought some fodder they'd soon stop selling me anything."]
Especially if there was a brexit twist to it at the end:ROFLMAO::ROFLMAO::ROFLMAO:




:unsure:
 

alex04w

Member
Mixed Farmer
Location
Co Antrim
Only coming to this thread now. WalterP is / was a solicitor, so should have put this issue to bed a long time ago, not allowed it to degenerate into another anti English, anti British, anti Foreigner, anti Brexit thread.

The characteristics of a contract are - offer, acceptance & consideration. The contract can be verbal, but as pointed out above, in writing is preferable as there is not the same room for doubt or misinterpretation where it is plainly in writing.

As I see it, in the OP, only two of the three elements are there. There was an offer to buy. There was a consideration mentioned / agreed. However there was no acceptance. The acceptance, if there, was conditional - I will have to speak to the family. So, short of the son returning and saying the offer is accepted, there was / is no contract to welsh on, scotch on(!), wriggle out of, fail to honour, etc.

Legally there was no contract.

As an aside, the Courts will not involve themselves in the level of consideration. It must be adequate to make it a contract, but the Courts will not get involved in whether or not it is sufficient (i.e. true value for money, the proper price of the goods, etc).

If the son's acceptance had been absolute, rather than conditional, then there is nothing the mother could have done about the price being too low (assuming more that £1 was offered and accepted to make it adequate consideration).
 

Dry Rot

Member
Livestock Farmer
[Walterp shakes his head in wonderment, whilst rummaging for an adjustable spanner in among the balls of old string and discarded, dusty, vests on the tractor cab floor.

He mumbles to himself "Christ! If I wrote my neighbours a letter every time I bought some fodder they'd soon stop selling me anything."]

The situation wouldn't arise with WP because I wouldn't be selling him any hay!:LOL:
 

Dry Rot

Member
Livestock Farmer
Only coming to this thread now. WalterP is / was a solicitor, so should have put this issue to bed a long time ago, not allowed it to degenerate into another anti English, anti British, anti Foreigner, anti Brexit thread.

The characteristics of a contract are - offer, acceptance & consideration. The contract can be verbal, but as pointed out above, in writing is preferable as there is not the same room for doubt or misinterpretation where it is plainly in writing.

As I see it, in the OP, only two of the three elements are there. There was an offer to buy. There was a consideration mentioned / agreed. However there was no acceptance. The acceptance, if there, was conditional - I will have to speak to the family. So, short of the son returning and saying the offer is accepted, there was / is no contract to welsh on, scotch on(!), wriggle out of, fail to honour, etc.

Legally there was no contract.

As an aside, the Courts will not involve themselves in the level of consideration. It must be adequate to make it a contract, but the Courts will not get involved in whether or not it is sufficient (i.e. true value for money, the proper price of the goods, etc).

If the son's acceptance had been absolute, rather than conditional, then there is nothing the mother could have done about the price being too low (assuming more that £1 was offered and accepted to make it adequate consideration).

I would suggst that that is only correct if the son owns the hay or is authorised to sell it on behalf of the owners (e.g. the parents -- subject to consultation).
 

7610 super q

Never Forgotten
Honorary Member
As above, the son " had to check with the family ", which to me means, he had to check with the family, and no deal till............he checked with the family.
Transport kills a lot of deals on here. The shock of paying £750 to collect something worth......£500 is the reason many buyers disappear off the face of the planet.
Try selling boats to boating people, or worse still, hay to horsey folks, and you'll know what real pain feels like.:rolleyes::LOL:
 

Derrick Hughes

Member
Location
Ceredigion
Nothing is sold unless I have the cash in my hand or the transfer into my bank. Been there, done that and got a few tee shirts! Yep the older you get the grumpier and less trusting one becomes.
I dont know what you do , but do you get the cheque in your hand before your milk grain lambs fat cattle stores are sold
 

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