The issue in the present case is that Ajaz had issued an advertisement for selling his BMW car. After seeing the advertisement in the magazine Bruddersfield Car Trader, Vicky made a telephone call to Ajaz and offered to pay 10,500 for the car. However Ajaz stated that he is not willing to take in anything less than 11,000 as his car was in immaculate condition. During this conversation, Vicky told that she wants to think over the offer for some more time. At the same time, Vicky also gave her telephone number and address to Ajaz in case he changed his mind and became ready to sell the car for 10,500. After three days, Vicky left a message on the answering machine of Ajaz in which he stated that she was ready to purchase the car for 11,000. However, Ajaz’s sister accidentally erased the message from the answering machine. During this time, Ajaz also wrote a letter to Vicky in which he stated that as he had not heard from Vicky, he had sold the car to some other person. The issue that needs to be decided in the present case is if there is a valid contract between Vicky and Ajaz.
Issues in the Present Case: In order to create a valid contract, it has to be established that the offer made by one party and has been accepted by the other party. At the same time, there should also be consideration and intention to create legal relations should also be present (McKendrick, 2003). In the present case, it can be assumed that the intention to create legal relations was present between Vicky and Ajaz and at the same time, consideration was also present. However, the real question is if there was an offer and if the offer was accepted by the other party so that it can be said that a valid contract has been created between Vicky and Ajaz.