Contract Law Case. As well as discussing the offer made by Galac-Tech, advice will be given to Ms Caprica and Mr Baltar to whether they can sue Galac-Tech for breach of contract.

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Coursework Question: Offer and Acceptance

In this piece of writing, information will be given such as the difference between and offer and invitation to treat. Case studies such as the “Carbolic Smoke Ball Co (1893)” will be discussed in more detail, and also related to the coursework scenario given. As well as discussing the offer made by Galac-Tech, advice will be given to Ms Caprica and Mr Baltar to whether they can sue Galac-Tech for breach of contract.

“I am selling my standard Cylon 300 computers at the special price of £200 each. This OFFER will end on 31st January 2010 at 5pm. Reply by POST. Cash on delivery. Orders are limited to a quantity of 20 per retailer.”

Looking at this coursework scenario given, it clearly shows that an Offer has been made to the public. This differs from an invitation to treat as this has not been advertised on shop windows, self-service shops, or magazines. This has been justified in the Pharmaceutical Society v Boots 1953 court case, as certain drugs were only allowed to be sold to certain people, therefore this was not an offer, as the pharmacist had the right to refuse a sale ,and therefore it is an invitation to treat.

The matter of fact that enough information has been given by the offerer to any potential offeree , makes this an offer rather than an invitation to treat , due to the fact that anyone could purchase those products , for the reason that deadlines , price ,and method of payment have been included in the advert.

In general, advertisements are invitations to treat, as the person who sets out the advert has the right to reject the sale, however linking the offer made above to the Carbolic Smoke Ball case (1893), clearly enough information has been given to any potential offeree in order to claim the £100 reward the carbolic smoke ball company have offered. The fact that the company put aside £1000 to pay out potential offeree’s, shows that they were prepared to bind a contract with anyone claiming the reward. Since the method of claiming the reward was not specified in the advert, gave Mrs Carlil the right to claim this reward using any method of communication, as long as she meets the requirements set by the Smoke Ball Company of having Influenza. 

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Considering the offer made by Galac-Tech, the rules of accepting this offer are simple, as it is specified within the advert , that acceptance’s need to be posted in writing. Once an offeree has written a letter accepting the offer as it states in the advert, both parties are legally in a contract. Relating this to the Carbolic Smoke Ball case, if Galac-Tech was to reject an offeree that used the correct procedure to respond to the offer, Galac-Tech would be breaching the contract and therefore could be sued.

According to (Mitchell 2009) “The postal rule simply states that a ...

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