... has risen to £2.75 per bottle, thus being a counter-offer. As a counter-offer it changes some of the terms of the original offer and therefore invalidates it. This can be seen from the case of Jones v Daniel (1894) whereby an ostensible acceptance introduces new terms or varies those previously enclosed and therefore is not acknowledged as being an acceptance but a counter-offer, itself open to acceptance or rejection. However, Colin does only say that he "may be prepared to sell" at £2.75 but in following it up with information suggesting that the offer is only open until 5pm on 5th November he is intending to create legal relations. Ralph replies that he will think about it and so no contract has been made at this time. When Colin sells the wine to Alex, he is obliged to communicate his withdrawal of the offer to Ralph. Colin has every right ...

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