Question $2$ Case Scenario

Despite the bad start to her holiday, Bonny decided to look for alternate accommodation in the local

area. Fortunately, one of her friends, Tommy, runs a backpacker hotel in the same town. After a

quick phone call, Tommy offered her a bed in a shared room for $$400.$ Bonny responded: $$Thank you

for the offer, but I$$m not sure about staying in a shared bedroom. I$$m going to check out the prices at

other hotels in the area first. If you don$$t hear back from me by $12$pm today, it means I couldn$$t find a

hotel room, and that I have accepted your offer to stay at your hotel.$$

When Tommy did not heard back from Bonny at $12$pm$,$ he assumed that Bonny had accepted his

offer and sent her a booking confirmation which requested immediate payment of $$400.$

Unfortunately, Tommy was shocked to learn that Bonny already booked a room at a local hotel

called the $$Holiday Inn$,$ and that she couldn$$t call Tommy to let him know, because her phone$$s

battery was flat. Tommy wants to sue Bonny for breach of contract.

The question you must answer for $5$ marks:

Discuss whether Tommy can sue Bonny for breach of contract. $($Required: Only address Element $2$

$($Acceptance$)$ to establish whether a valid contract existed between Tommy and Bonny$)$

ANSWER STRUCTURE

Question $2$: Contract Acceptance $($Element $2)$

Introduction: The issue to resolve here is whether Bonny validly accepted Tommy$$s offer

Law:

According to Carlill v Carbolic Smokeball Co Ltd$...$

$($Discuss the legal rule for valid acceptance of an offer$)$

Furthermore, according to Felthouse v Bindley...

$($Discuss what happened in the case of Felthouse v Bindley and explain the legal rule for valid

acceptance of an offer$)$

Analysis:

Here, just like in the case of Felthouse v Bindley, we are told that...

Discuss what happened in the case scenario and compare it to what happened in Felthouse v

Bindley, because the two scenarios are identical$)$

Conclusion: It is clear that...

$($Include the same words used in the essay question to write your conclusion... $$whether a valid

contract existed$..$ & $$whether Tommy can sue Bonny for breach of contract$)$