CHINESE LAW ASSIGNMENT
Issue: was the bid made by P and the acceptance of D considered as meeting of the minds
between P and D? Whether plaintiff’s letter is more reasonable interpreted as a qualified
acceptance or as an absolute acceptance together with a mere inquiry concerning a collateral
matter?
Was there a valid acceptance from D to the offer from P?
Ans: In the case of Ardente (P) versus Horan(D), the bid made by P and the acceptance of D were
not considered a meeting of the minds between P and D by by virtue of the fact that D refused to
sell those items of the furniture and the real property and did not sign the purchase and sale
agreement at all.
Even though, D’s attorney notified Ardente that the offer was apparently accepted and forwarded
a formal written agreement to to P’s attorney. P affixed his signature to the agreement and
returned it along with a $20,000 check and a request for confirmation that certain furniture
would be included in the transaction. Indeed, the letter to Ardente, the plaintiff or appellant can
not be reasonably interpreted as a qualified acceptance or absolute acceptance of the deal. This
is because because D refused to sell certain items of furniture along with the real property and
did not sign the purchase and sale agreement. In my judgement, the defendant(D) felt that there
was no genuine collateral to ensure the balance payment of the bid. Therefore, there was no
valid acceptance from D to the offer from P as corroborated by D’s refusal to sign the deal