Questions 1. What are the main elements in the formation and actualisation of a legally enforceable contract? It must include offer, acceptance, consideration and intent to create legal relations 2. What is the difference between an "offer" and an "invitation to treat"? Offer: An promise to exchange one item for another Invitation to treat: an invitation for the other party to make an offer 3. What is the status of the following advertisements: a. £200 will be given to anybody who walks from Lincoln to London on December 1st 2019. b. For sale- a number of second-hand golf clubs. Contact J. Jones on 07955554694. A: offer b: invitation to treat 4. Meg visits a self-service store and selects several articles which she places in the wire basket provided. She then changes her mind about some of these articles and starts to put them back on the shelf. The shop assistant sees Meg doing this and tells her that by picking the goods off the shelf she has purchased them and that she must now pay for them. Advise Meg. The case of Pharmaceutical Society of Great Britain v Boots ltd establishes that a self- service store is an invitation to treat instead of an offer 5. Read in detail Partridge v Crittenden [1968] 2 All ER 421: a. Summarise the facts of the case. The defendant advertised for sale a number of Bramblefinch cocks and hens, stating that the price was to be 25 shillings for each. Under the Protection of Birds Act 1954, it was unlawful to offer for sale any wild live bird. The Royal Society for the Prevention of Cruelty to Animals (RSPCA) brought a prosecution against the defendant under the Act. At his trial, the defendant was found guilty of the offence by the magistrates; he appealed this conviction. The issue on appeal was whether the advertisement was properly construed as an offer of sale (in which case the defendant was guilty) or an invitation to treat (in which case he had committed no offence). A further issue was whether it was appropriate to adopt a different interpretation of the phrase 'offer for sale' in the context of criminal law than was accepted in the context of contract law b. In this case, the "goods" were clearly identified, and the price was specified. Did the advertisement constitute an offer? It was an invitation to treat c. Read the judgment of Lord Parker CJ. What is the position when an advertisement is placed by a manufacturer? There is business sense in construing advertisements and circulars, unless they come from manufacturers, as invitations to treat and not offers for sale (price doesn't constitute an offer) d. Ashworth J relied on which earlier Queen's Bench decision? Fisher v Bell e. What do you think would be the position if the advertisement had stated "First come, first served", or "first 10 replies are guaranteed a bramblefinch"? It would be an offer, defendant would be guilty 6. What is the status