Contract Law. Questions Essay Example | Topics and Well Written Essays - 750 words

Contract Law. Questions - Essay ExampleThe Advertiser Schmepsi refused to give the reward give tongue to that it was only an advertising gimmick and a bit of a joke Michael wants to know if he has charterual rights against the Schmepsi for the $30 meg worth of motor cycles.According to Contract Law, an offer once accepted, it makes a binding contract surrounded by offeror and acceptor. In the above case actually the offeror is Michael and not Shemepsi for the following reasons. Generally advertisements atomic number 18 incubateed as not offers but an invitation to treat i.e. invitation to make an offer. What Schemepsi has done is only an invitation to treat by making an invitation to collect a certain number of coupons in exchange of a prize. Bold, unimaginable, and impractical orders be made in the form of advertisements deliberately to attract attention and not to really be bound(p) by them. Who ever notices such advertisements should not be carried away by them and not mak e spartan commitments based on them as they could always be avoided by the advertisers on the plea that they were only invitation to treat (invitation to bargain in U.S) (invitation to offer in India)An inv An invitation to treat invites another to make an offer which can be accepted or rejected. In Fisher v. Bell 1961 1 QB 394 the court held the display of an article for cut-rate sale is not an offer for sale. Similarly, Pharmaceutical Society of Gt Britain v. Boots Cash Chemists 1953 1 QB 401 held that displaying goods for sale on a supermarket shelf was not an offer. In Partridge v.Crittenden 1968 2 All ER 421, Partridge was convicted for offering for sale unjustified birds by an advertisement in a classified advertisements column but the conviction was quashed since the advertisement was only an invitation to treat. In the same way in Harris v. Nickerson (1873) LR 8 QB286, a broker failed to recover damages for breach of contract after attending an advertised sale when the lo ts he was interested in were withdrawn. Advertisements by companies may constitute an offer. In Carlill v.Carbolic Smokeball Co. (1893), the defendants in a series of advertisements offered to pay 100 to any person who undertake influenza after using their patent smoke ball three times a day for two weeks and stated that they had set uped 1000 in a bank to meet any claims. The plaintiff sued for 100 and the court held that the deposit of the 1000 indicated an intention to pay claims and that the advertisement was an offer. Brochures, pricelists and so on are invitations to treat, as are quotations ( Judge, Stephen. trading Law (2nd ed.).New York, NY USA Palgrave Publishers, 1999.p 113.http//site.ebrary.com/lib/britishcouncilonline/Docid=2003005&ppg=113)To understand more about the concept of Invitation to