Contract Law - Lecture 11 Preparing for your assignment How to approach the problem question · Start with highlighting the problem · Then analyse the question - what have you been asked to do? · Problem question structure o I - Issue - what is the issue in the scenario o R - Rule - case law/statutory provisions - what Is the law - only an abstract principle of the law o A - Application - apply the law to the scenario o C - Conclusion - state your answer . Make a time line of events. Highlight all dates/days and times, then list them chronologically . No need for essay-style introduction and conclusion. But it is useful to begin with a paragraph identifying the general area (offer and acceptance) and then stating the specific in the question . You should apply relevant cases to the scenario/facts. Also distinguish between cases and the instant facts where necessary . Don't discuss irrelevant cases, even if the facts seem similar Scenario Fred is told by his friend Bertha that the Daily Wail is advertising a very good deal, under which a case of wine is being offered at £40 if the money is sent together with 4 tokens collected from the paper. The usual price for the case is £100. The advertisement states that if the advertised wines are no longer available, bottles of wine of a similar quality will be substituted. Fred, who does not usually buy the Daily Wail, buys a copy on Monday to Thursday and collects a token each day. He does not buy the paper on Friday, but on that morning he sends the tokens together with a cheque for £40 and the published order form to the Daily Wail by post. On the same Friday, in the afternoon, the Daily Wail published a notice stating that "due to unforeseen circumstances" its offer of the case of wine has had to be withdrawn. Fred's cheque and tokens are delivered to the Daily Wail on the following Monday. 1. Advise Fred as to whether he has a contract with the Daily Wail for the wine. 2. Explain with reasons what difference, if any, it would make to your answer if on the Friday morning, on his way to post the tokens and cheque, Fred had been told by Bertha of the withdrawal of the offer.
Question 1 Is the advert an offer or an invitation to treat? . Consider both possibilities, with authority for each (Carlill v Carbolic/ Partridge v Crittenden) . If it is an invitation to treat, Fred cannot succeed - explain why- Gibson v Manchester City Council . If it is an offer, then the other issue to consider is whether Fred's action was a valid acceptance . Likely to be an offer - note that the limited stock argument (Patridge v Crittenden) is addressed by the mention of substitute wine If we argue the advert is an offer (a unilateral one), was it accepted?