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Contract Law: Wivenhoe Cycles Ltd and Easy-Transport plc

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  1. What legal arguments can Easy-Transport plc of London of London make to support its position?
  2. What legal arguments can Wivenhoe Cycles make to support its position?
  3. Explain how you believe an English court is likely to decide this case?

On the 14th of July 2007, Wivenhoe Cycles Ltd wrote to Easy-Transport plc of London to provide a feasible advice on the lowest price for 100 units of Raleigh bicycles to be delivered on the 1st of September 2007. It so happened that Easy-Transport plc of London reverted the following day, to Wivenhoe Cycles Ltd confirming that their lowest and final price for 100 units of Raleigh bicycles was going to agreed at £10 000. In this letter which was considered a letter similar to that of an offer letter, Easy-Transport plc of London enclosed their standard terms and conditions. The terms and conditions consisted of clause 6 concerning their right to charge 20% beyond the quoted price for the merchandise. In the letter of acceptance sent on 19th July 2007, Wivenhoe Cycles Ltd ordered 100 units of Raleigh bicycles for the price of £10 000 but enclosed as well their standards terms and conditions with a tear off acknowledgment slip to be signed and returned to them. This signed acknowledgement slip which was returned by the vendor was vital for Wivenhoe Cycles Ltd as it was their proof of the agreement which was in progress.

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