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With reference to the legal rules relating to offer and acceptance of a contract,advise the club whether it can claim the joining fee from Mary,Frank and Ali.
Mary posted her application.She telephoned the club to confirm whether or not her application was accepted but was unable to get through to speak to anyone.In the meantime the committee took two months to confirm whether or not they would accept her application based on a character investigation.In accordance with the legal stipulations of offer and acceptance Mary is under no obligation to pay her joining fee for a number of reasons.Although she returned her application form the offer of membership was not formally accepted as she failed to contact the club secretary when she was told to telephone.This meant that she wasn’t provided with an answer to the outcome of her application,the time of which was made very clear in terms of when she needed to do this by yourselves.Legally‘an agreement is reached when an offer by one party is unequivocally accepted by the other’.
Which did not occur.You do not confirm whether the club actually wrote to Mary in September when the decision was made to accept her.If this was not done and payment was merely requested on the basis that Mary Jones had been granted membership,once again she would not be liable as Australian Law dictates that a person cannot accept an offer of which he/she has no knowledge.And considering the club waited over two months to inform Mary,she had no understanding that she had ever been considered in the first place.Additionally silence cannot be construed as acceptance.
The club was not within its rights to assume that Mary would accept the offer,having failed to communicate with them by telephone and not receiving confirmation until several months after the membership cut-off date.In the English case of Felthouse and Bindley,the courts ruled against Felthouse who had considered the horse he had acquired for his own,on the basis that his Nephew had not written to confirm otherwise.He lost the case because the court confirmed there had been no acceptance of a contract.
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