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Unilateral Contracts and Legal Obligations

Adam lives in Unitown. In September 2015 Adam lost his beloved dog Billy. He searched for Billy for one week, and when he could not find him he placed a notice on each lamppost in Unitown. The notice reads: "Lost: One Dog. Answers to Billy. £300 reward when returned. Adam Adamson, 27 Unitown Road, Unitown." Advise Adam in each of the following alternative situations. Theories to consider: Consideration/misrepresentation? Intention to create legal relations Invitation to treat/offer & acceptance Valid contract/creating a contract Damages/remedies Unilateral contracts How to reference the cases Offer Acceptance Intentions to create legal relations Consideration This order - all form a contract. No contract with any missing factors. Assignment Introduction: The notice which Adam placed on Unitowns' lampposts could be an example of an invitation to treat or an offer. It could be seen as an offer, due to Adam offering a £300 reward for the return of his dog, the offer is made to the public and can be taken up on by any offeree; which would then form a binding contract. However, an invitation to treat is negotiable and is made by those who are not quite sure about what they want to do, so for example, Adam could state he will give a £300 reward but this could be negotiated with the oferee and he may be able to pay a lesser reward. Contracts which involve rewards are known as unilateral contracts (Macintyre, 2008). In this case, it is believed that Adams' notice is an invitation to treat, due to it not being specific enough of the minor details (Carlill v The Carbolic Smoke Ball Company, 1893). Q1a. In this scenario, there is an offer to whoever wishes to accept. There is acceptance, from Colin, whom accepted the offer when he went searching for Billy and later returned him to Adam. Both Adam and Colin are only in contact due to the contract which has been made, which means there was intentions to create legal relations and therefore their relationship is commercial. It is seen as commercial as they were intending to form a contract (Macintyre, 2008). A unilateral case is one in which a promise is offered to anyone who wishes to accept, Adam is offering a £300 reward to anyone who accepts the offer to bring Billy home. Consideration of a unilateral contract involves all parties completing their part of the contract. The consideration of a unilateral contract is more about the parties performing their part of the contract, rather than the promise itself (Macintyre, 2008). Due to Colin returning Billy, he has completed his part of the contract, for Adam to complete his part of the contract; he needs to pay Colin the reward which he stated in the notice on the lampposts. Colin kept his side of the contract which he accepted, and therefore is entitled to the reward. This relates to the Williams V Carwardine case, where required information was given which allowed the reward to be claimed (Macintyre,