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home / study / business / economics / questions and answers / l.b. foster invited tie and track systems inc. ... Question Edit question L.B. FOSTER invited TIE AND TRACK SYSTEMS INC. TO SUBMIT PRICE QUOTES ON ITEMS TO BE USED IN A RAILROAD EXPANSION PROJECT. TIE AND TRACK RESPONDED BY E-MAIL ON AUGUST 11.2006, WITH PRICE FOR 9 ITEMS OF STEEL TIES. THE E-MAIL CONCLUDED,"THE ABOVE PRICES ARE DELIVERED/TERMS OF PAYMENT-TO BE AGREED / DELIVERY- TO BE AGREED/ WE HOPE YOU ARE SUCCESSFUL WITH YOUR BID. IF YOU REQUIRE ANY ADITIONAL INFORMATION PLEASE CALL". JUST 3 OF THE 9 ITEMS LISTED IN TIE AND TRACK'S PRICE QUOTE WERE"ACCEPTED" BY THE PROJECT. L.B FOSTER DEMANDED THAT TED AND TRACK REFUSED.L.B. FOSTER SUED FOR BREACH OF CONTRACT. DID THE AUGUST 11 E-MAIL CONSTITUTE AN OFFER, ACCEPTANCE OF WITCH COULD BIND THE SUPPLIER TO A CONTRACT? IF SO, WAS THERE A VALID ACCEPTANCE?

Explanation / Answer

The contract consisted of an offer to make an offer and hence the acceptance resulted in making a valid offer but did not result in acceptance of an offer. The acceptance did not therefore constitute a contract and hence the parties could not be held legally bound.

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