How to Write a Case for Business Law
(a) “Rickeys Advertisement”LawAn invitation to treat is not an offer. It is an invitation to commence negotiations and invitation to make an offer. Examples of Invitation to treat are display of goods in shops, advertisements, auctions, tenders, and quotations. An offer is an indication by one person (the “Offeror”) to another (the “Offeree”) of the offerors willingness to enter into a contract on certain terms as soon as it is accepted by the offeree. To be specific for an offer, the offer must be communicated by writing, orally, or by conduct. The offer can be specific to a particular person, a group of people, or to the world at large. Unilateral Contract is made when a advertisement is deemed as an offer to the whole world and is capable of being accepted by anyone who meets the conditions of the offer.Relevant case is Carlil v Carbolic Smoke Ball Co.Application: Law to factsRicky mentioned in his advertisement to the whole world that he would pay $500 reward to anyone who found his missing laptop that is Red Apple Brand, with the serial number RA492704B and was last seen in a bright red bag (Stated conditions). The conditions mentioned above can be treated as a contract to the general rule that an advertisement is an invitation to treat. However, his advertisement had been communicated in the local newspaper by writing through the advertisement that Ricky is willing to pay $500 reward for anyone who can find his lap-top, it is not a mere invitation to treat but an offer. As that offer was made to the world at large, it is available to anyone to accept. It is relevant to the case of Carlil and Carbolic Smoke Ball Co. As the advertisement can be deemed to the whole world and is capable of being accepted by anyone who is bounded by the terms as advertised, it is a unilateral contract.
ConclusionRickeys advertisement is an invitation to treat, offer, and unilateral contract. Martin should try to search the laptop if he wanted to get the reward because it was being made to the whole world. b) “Martins Right to the $500 reward”LawAcceptance is an expression of assent or concurrence to the terms of the offer. It must be an unqualified and unconditional assent of the offer; otherwise it can be stated as a counter-offer. Acceptance of an offer must be communicated from the offeree to the offeror in writing, orally, or by conduct. As a general rule, acceptance is communicated when it is actually received by the offeror.Relevant case is Carlil v Carbolic Smoke Ball Co.Application: Law to factsMartin accepted the terms of the offer in the advertisement made by Ricky unconditionally and without any qualification because Martin found the laptop that was a Red Apple brand with RA492704B Serial No and in addition it was in a bright red bed. Martin is intended to be bound by the terms as Rickys missing laptop advertisement. By contacting Ricky and informing about his discovery, Martin communicated his acceptance to Ricky and Rickys offer was accepted by Martin unconditionally without any qualification. Relevant case is Carlil and Carbolic Smoke Ball Co. On the advertisement, Ricky did not mention about Hard-disk and the applications. Therefore, Ricky cannot use missing of hard-disk and deleted application as a reason to reject Martins acceptance.