问答题
Ann owns a shop selling prints. She placed an advertisement in the Friday edition of her local paper stating:
‘Unique opportunity to own a Bell print for ￡500 cash. Offer valid for one day only – tomorrow Saturday.’
When Con saw the advert, he immediately posted a letter of acceptance.
On Saturday, Di asked Ann if she would take a cheque for ￡500, but she refused to accept the cheque and told her
she could not have the print. Later that day Ann sold the print to Evi.
On Monday morning Con’s letter arrived.
Required:
In the context of the rules governing the creation of contracts:
问答题
(a) Describe the precise legal nature of Ann’s advertisement; (2 marks)
【正确答案】The first issue to determine is whether Ann’s advertisement was an offer or an invitation to treat. An offer is a promise to be bound on particular terms. The offer may, through acceptance, result in a legally enforceable contract. Alternatively, an invitation to treat is an invitation to others to make offers. The person extending the invitation is not bound to accept any offers made to them. Usually, advertisements only amount to an invitation to treat and cannot be accepted to form a binding contract(Partridge v Crittenden(1968)). There are occasions, however, when an dvert can amount to a genuine offer capable of acceptance by anyone to whom the offer is addressed (Carlill v Carbolic Smoke Ball Co(1893)). The wording of Ann’s advert was in sufficiently categorical terms for it to have been an offer to the world at large, stating her unreserved commitment to enter into a contract with the first person who accepted it.
【答案解析】
问答题
(b) Explain whether Con has any right of action against Ann; (2 marks)
【正确答案】Once an offeree accepts the terms offered, a contract comes into effect and both parties are bound.
Usually, acceptance must be communicated to the offeror. However, there are exceptions, one of which arises where acceptance is through the postal service. In the latter circumstances, acceptance is complete as soon as the letter, properly 15 addressed and stamped, is posted (Adams v Lindsell(1818)). The postal rule will only apply, however, where it is in thecontemplation of the parties that the post will be used as the means of acceptance.Con has clearly tried to accept the offer but his reliance on the postal rule would be to no avail as the use of the post was clearly an inappropriate mode of acceptance. He, therefore, has no right of action against Ann.
【答案解析】
问答题
(c) Explain whether Di has any right of action against Ann. (2 marks)
【正确答案】In order to form a binding agreement, acceptance must correspond with the terms of the offer. Thus the offeree must not seek to introduce new contractual terms into their acceptance (Neale v Merritt(1830)). Any attempt to do so amounts to a counter-offer and leaves the original offeror at liberty to accept or reject the new offer as they choose (Hyde v Wrench
(1840)).
Ann’s advertisement clearly stated that she wanted cash for the print and, therefore, Di’s attempt to pay with a cheque did not comply with the original offer and leaves her with no grounds for complaint. The decision in D & C Builders Ltd v Rees(1966) as to cheques being equivalent to money is not to the point, as Ann wanted immediate payment for the print.