Contract Law
I got a quote and rang the supplier and told him we agreed to the quote and we discussed delivery of purchased item etc. He said their process is now that he would send me an order form to sign and I would pay a deposit. he didn't send an order form but I received an email saying he had made a mistake and the item was more expensive than he had quoted. Can I enforce my contract with him to supply the item for the quoted price?
Hi there. Unfortunately your question was not answered sooner by a lawyer. The LawAdvisor Research Team has picked up your question and provided some general advice in relation to your situation. Remember, you still have the option of consulting a lawyer directly at any time by pressing the "Consult a Lawyer" button.
Your legal rights in this situation will depend on whether a contract existed between you and the supplier. A contract is a legally binding agreement between two or more people. Contracts can be oral or written.
For a contract to exist, the law says that certain things must exist. For example, one party to the contract must make an offer to do something (e.g. sell a product or provide a service). Once an offer has been made, the other party must accept the offer through words or conduct. And lastly, a contract must involve ‘consideration’, which is something of value (usually money) that is given in return for the goods or services.
You said you received a quote for the supply of an item. A quote is not generally considered to be an ‘offer’ in the eyes of the law. Whether something qualifies as an offer depends on the intention of the party making it. Usually, when a person gives a quote, they are simply inviting another person to do business with them. The person giving the quote does not intend to become immediately bound by the terms of the quote if the person receiving the quote agrees to its terms or price.
From the information you provided, it appears that the quote was merely an invitation to do business with you. This means that a contract has not been formed between you and supplier, and therefore you are unable to legally force the supplier to provide the item at the original price.
Suggested way forward
Commercial dealings between parties can be complicated, especially when there is disagreement over contracts or pricing. Although the above information may provide some help in understanding your legal rights, you would benefit from speaking to a lawyer who can fully assess your situation and advise you of the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
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