answer to this question:

Is there a contract?(the answer must include your reasons)

1. A and B enter into negotiations with a view to setting up a joint venture for the development of a new product. After prolonged negotiations without any formal offer or acceptance and with some minor points still to be settled, both parties begin to perform. When subsequently the parties fail to reach an agreement on these minor points, they disagree over the existence of a contract.

2. A has for a number of years annually renewed a contract with B for technical assistance for As computers. A opens a second office with the same type of computers and asks B to provide assistance also for the new computers. B accepts and, despite the fact that As offer does not specify all the terms of the agreement.

3. After lengthy negotiations the Executive Directors of two companies, A and B, lay down the conditions on which B will acquire 51% of the shares in company C which is totally owned by A. The Memorandum of Agreement signed by the negotiators contains a final clause stating that the agreement is not binding until approved by As Board of Directors.

4. A receives an offer from B stating that the offer will be firm for two weeks. A replies by return of post asking for partially different conditions which B does not accept. A replied to agree to Bs offer several days left before the expiry of the two week period. B made no reply.

5. A requests B to set out the conditions for the renewal of a contract for the supply of wine, due to expire on 31 December. In its offer B includes a provision stating that if we have not heard from you at the latest by the end of November, we will assume that you have agreed to renew the contract on the conditions indicated above. A finds the proposed conditions totally unacceptable and does not even reply.

6. Under a long-term agreement for the supply of wine B regularly met As orders without expressly confirming its acceptance. On 15 November A orders a large stock for New Year. B does not reply, nor does it deliver at the requested time.

7. A asks B to write a special program for the setting up of a data bank. In the offer B is informed of As absence for the following two weeks, and that if B intends to accept the offer B should begin writing the program immediately so as to save time. Without giving A notice of acceptance, B begins to write the program and, after its completion, insists on payment in accordance with the terms set out in As offer.

8. A indicates 31 March as the deadline for acceptance of its offer. Bs acceptance reaches A on 3 April. A, who is still interested in the contract, intends to accept Bs late acceptance, and immediately informs B of its intention.