Summary:
Agreement -
Fact
Offer
1) Wendy and Bernard approached Bob to work on their house. 2) Bob began working on their house.
Acceptance
1) Bob began working on the house. 2) Wendy and Bernard left the house for Bob to work.
Law -
Offer
1) Bilateral offer. 2) There must be a suitable offer. 2a) Offer must clearly state terms - consensus ad idem. 2b) Offer must have intention to create legal relation. 2c) Offer must be communicated. 3) Invitation to treat. 4) Reasonable expectations of honest men.
Acceptance
1) There must be a suitable acceptance. 1a) Acceptance must be unconditional. 1b) Acceptance must be unequivocal. 1c) Acceptance must be communicated to the offeror. 2) The request for further information. 3) Reasonable expectations of honest men.
Analysis -
Offer
1) The offer was a bilateral contract.
2) The terms where likely stated in writing or orally, as the battle of the forms, meaning counter offers may have been made. 3) Bob is a builder by profession and would expect to be paid, Wendy and Bernard would also know this. 4) The offer was communicated either in writing or oral.
5) Wendy and Bernard likely initiated with an invitation to treat.
6) It is unknown who the offeror and offeree was, the difference may affect whether the assurance was a term.
Acceptance
1) Bob would have agreed to the last shot 'battle of the forms' as he accepted by conduct, if Wendy and Bernard where the ones to accept, it would be a likely payment by conduct. If the terms where not accepted orally or by writing. 2) The communication again if by nothing else, was done by conduct likely Bob being the first initiator.
3) Reasonable expectations of honest men would assume an acceptance of the battle of the form had be conducted by one of the parties.