2. 外语
  3. John wrote to Mary asking "Will you sell your second-hand car? Please tell me your lowest price." Mary replied in a letter: "The

John wrote to Mary asking "Will you sell your second-hand car? Please tell me your lowest price." Mary replied in a letter: "The

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问题 John wrote to Mary asking "Will you sell your second-hand car? Please tell me your lowest price." Mary replied in a letter: "The lowest price for my used car is ＄2,000." John then sent the second letter to Mary saying that he agreed to buy the used car for ＄2,000. But before Mary received the letter from John, Mary sold her used car to David.
Can John sue Mary to enforce the contract?
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答案An offer is a proposal made by the offeror to the offeree with the intention that it shall become binding as soon as it is accepted. An offer must carry the definite intention to be bound which is different from supply of information. In Harvey v. Facey, 1893, where a telegraph communication was exchanged between the parties. Harvey: "Will you sell us Bumper Hall Pen? Telegraph lowest price." Facey: "Lowest price for Bumper Hall Pen is ＄900." Harvey: "We agree to buy Bumper Hall Pen for ＄900 asked by you." To this last telegram Facey made no reply. It was held that there was no contract between the parties as the defendant was only answering a question concerning the price. John asked Mary about the lowest price of Mary’s used car, and John got response from Mary. Mary’s response concerning the price, following the legal principles of above-mentioned case, does not carry the definite intention to be bound and Mary was only answering a question concerning the price. An offer is different from supply of information. It is supply of information to state the price at which something might be sold in respond to a request for information. So Mary’s reply is not an offer, and there is no contract existed between John and Mary. John can not sue Mary to enforce the contract.
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金融英语（FECT）

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