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Amazon Ltd is a UK based shipping firm with a large international clientele. Biscayne Co, an Irish lumber firm, which plans to ship an order of timber to Japan, calls Amazon to inform about their prices. Amazon replies that, for a shipment of timber to the Far East, the average price would be £95 per pound. After an hour of negotiations, Amazon says it is willing to reduce its price to £91 per pound for the large quantity Biscayne is planning to have shipped. An offer is immediately drawn up by an employee of Amazon. Accidentally, he uses a form normally used for international shipments in which all prices are quoted per kilogram. When Biscayne receives the offer for £91 per kilogram, they immediately accept, this being almost half the price Amazon stated on the phone. Has a contract been concluded and, if so, for which price?
Mutual Mistake
A situation in contract law where all parties involved have a mistaken understanding of one or more material facts relevant to the contract.
Basic Assumption
Refers to a fundamental belief or principle that is accepted as true without proof, often serving as the foundation for further reasoning or behavior.
Material Effect
A significant impact or change to the financial or operational status of a company.
Fraudulent Misrepresentations
False statements made with the intent to deceive, which leads someone to enter into a contract to their detriment.
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