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Mr E orders a cake for his wife's birthday at a bakery on his street. On the bakery's window, a sign is up that says, 'Today's special offer! Any customised cake for £50!' Mr E orders a customised cake for £50 at 1 p.m., and he is told by the baker that he will complete his order by around 3:30 p.m., and that he should pay the cost when he returns. Mr E is given a ticket with the approximate time and his order, and he is instructed to bring this ticket with him when he returns to collect his order; Mr E takes the ticket back home with him. After Mr E leaves with his ticket, the baker begins making Mr E's order.

At 3:20 p.m. on that same day, Mr E's friend contacts him and shows him a picture of a cake for £45. He thinks it is vastly superior to his order. So, at 3:30 p.m., Mr E calls up the baker, and the baker has prepared his order and is now waiting for him to come and collect it. But Mr E, over the phone, says he will not pay and that he doesn’t want the cake anymore. The baker claims that Mr E verbally entered into the contract at the bakery earlier that day, after Mr E made his order and received the ticket, which was before the baker began making his order. Mr E disagrees.

Is Mr E in breach of contract?

BakedAlaska624
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1 Answers1

49

The contract was made the moment Mr. E asked for the cake, the baker agreed to make it, and (while or shortly before) the baker created a receipt ("ticket") at around 1 PM. The receipt is the evidence of what was agreed upon and likely contained the descriptor and the estimated finish time of the cake as well as the price1.

This means that the contract is not just oral, it is evidenced in writing, though not a written contract. The contract stipulated:

  • Mr. E will, at 3:30 PM, pay £50 to the baker as specified on the receipt.
  • The Baker will, at 3:30 PM, give a custom cake to Mr. E as described on the receipt.

The contract is enforceable, so even if Mr. E does no longer want the cake, it is his (to dispose of in any way he wants) and he owes the baker £50.

So if Mr. E does not pay, he is in breach of contract.

1 - The contract was formed by the meeting of the minds the moment both agreed on the price and service. This can be during or while putting it in writing on the ticket, which merely is the evidence of it, or shortly after said formation as JBentley does note. It is not material that neither party did sign: Mr. E got a copy of the ticket and the baker got a copy (so they know what to make)

Trish
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