• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Contract Law [I] Formative Essay

Extracts from this document...

Introduction

Contract Law [I] Formative Essay Adam Sinfield Group B2 In order to advise Brian, Charles and Diana the main issues that arise in this problem need to be identified. In order for a contract to exist there must be some form of offer and acceptance, in that order. Firstly, Alan claims that an offer was never really made, and if so it was revoked before acceptance, so did an offer exist? Alan also claims that no one accepted the offer, but Brian, Charles and Diana refuse this, so did acceptance occur? If the answer to both these questions is no, then no contract existed and nothing can be done, however if the answer is yes, then an enforceable contract is in place. If yes, then further problems arise. Who is entitled to the reward? As each walker took different actions and had different motives. An offer is often defined as "An expression of willingness to contract on certain terms made with the intention that a binding contract will exist once the offer is accepted"1 however adverts are usually classified as invitations to treat, rather than as an offer which are not legally binding (see Partridge v Crittenden2), however a problem occurs when an offer is unilateral, that is an offer made from the offeror to anyone, for example that of a reward for a missing pet. The offeror is obliged to pay the reward, but anyone who sees the advert is not obliged to go and look. ...read more.

Middle

This was used in the Carlhill case and it was decided that the advert covered the first point, and the usage of the smokeballs in the directed way covered point two. In the facts of this problem, the advert again covers the first point, as it states that a T-Shirt with the company's logo on must be worn, and the second point is covered by the fact that all three walkers collected a T-Shirt, and started the walk to London from Cardiff, as directed by the advert. It may also be relevant to note that the reason for accepting the offer is not relevant (see Williams v Cowardine5) so the fact that Diana didn't know about the reward until half way through the walk, and was only on the walk because she couldn't afford the train fair has no relevance. Another defence that would be used by Alan is the fact that the offer was revoked, so how relevant is this? As mentioned previously, an offer can be revoked at anytime prior to any acceptance, but again with this being unilateral, problems arise. The answer to whether the acceptance still stands can be found in Errington v Errington & Woods6. In this case, it was decided that acting on a promise is significant to acceptance and that the case is based on the point of view that once an offeree has started to perform, then revocation is not possible. ...read more.

Conclusion

However, part completion of this contract is not enforceable as he did not complete the conditions set out in the advert. Similar to Brian, in ordinary circumstances he might be able to negotiate a sum from Lucofizz for part completion, but with the financial troubles he is unlikely to receive anything, so I would recommend no further action. If he completed the walk in the allotted time, instead of pulling out, then he would be entitled to the reward, but by pulling out he forfeited the contract, leaving him with nothing. As to Diana, she fulfilled her obligations to the contract by wearing the T-Shirt and walking to London in seven days. Even though she didn't know about the offer from the start and despite having ulterior motives I would recommend that she pursues her claim by taking further actions. If Diana had not been told about the offer by Charles after the revocation and had completed the task anyway, she would have no claim and would not be entitled to the reward. I would recommend to Diana to pursue her claim as she is likely to receive an out of court settlement as Lucofizz would be keen to avoid any expensive litigation. 1 Richards P., Law of Contract (5th ed 2002, Longman) 2 [1968] 2 ALL ER 421 3 [1893] 1 QB 256 4 Treitel G.H., The Law of Contract (1st ed 1999, Sweet and Maxwell) 5 [1833] 5 Car & P 566 6 [1952] 1 KB 290 (CA) ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Law of Contract section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Law of Contract essays

  1. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    Blackburn J, "This is certainly a startling proposition and would be excessively inconvenient if carried out. It amount to saying that anyone who advertises a sale by publishing an advertisement become responsibility to everybody who attends the sale for his cab hire or traveling expenses.

  2. Four ways in which a contract may be discharged.

    The amount they had spent after contract with Reed was clearly recoverable, since it had been spent in reliance on his performing as agreed, but the film company also wished to claim money spent in the preparatory stages, before Reed was signed.

  1. Invitation To Treat

    Again, you must be mentally competent to do so. You must also follow the provisions of the Wills Act. If you try to change your existing will by writing on it, the changes will likely not Ask your lawyer to send you a reminder to have your will reviewed every three to five years.

  2. Contract law - Advise Sarah - The first thing to ascertain is whether the ...

    Dodds refused this offer as he had already sold the house to Mr. Alan. It was held that there was no contract between Mr. Dickinson and Mr. Dodds, since Mr. Dodds had revoked his offer, and that revocation had been communicated to Mr.

  1. Offer and Acceptance

    On Sheena's way out of the store, she found a wallet belonging to Nick. She returns it to him and then on her way home she notices a poster on a notice board requesting the return of the wallet and offering a reward for � 50.

  2. I have been asked to advise a client on considering contracting with a building ...

    Termination of an Offer The way in which an offer can be terminated is if it is accepted, therefore creating an agreement. The diagram below shows how an offer can be terminated. Death Rejection Termination of offer Failure of Revocation Lapse of time condition (BPP Common Law 1)

  1. "It would be hard to over emphasise either the contribution made by implied terms ...

    If this is done then the previous employer will be able to sue for damages against the business. Terms are implied because they can be too obvious to write down mention or need stating, for example the employer will do everything they can to make the work place a safe working environment.

  2. Assess the problems that arise through terminating and offer

    Stevenson then sent a telegram to McLean saying "Please wire whether you would accept forty for delivery over two months, or if not, longest limit you would give.? McLean didn?t respond to this telegram and went on to sell the iron to somebody else, on the Monday McLean sent a

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work