Have a moot coming up soon and this is question. Hate to ask questions and i don't want anyone to tell me how to write the answer or anything like that.
I'm just a bit stuck on the idea that the offer came BEFORE the grating! If anyone has any cases etc that could help me back this argument up i'd really appreciate it!
Any tips on Mooting would be amazing as well!
Gregg Ramsey is a professional chef, preparing food for wealthy clients across London. Keen to impress his clients, Gregg develops a new menu and requires key ingredients to complete his dishes.
He visits the food hall of the exclusive London department store, Harridges. He approaches a glass display counter that displays a range of imported ingredients from around Europe. Among the ingredients is a rare French truffle, renowned for its exceptional quality of flavour. The truffle is displayed behind the glass counter with a price tag attached which reads: “French Truffle, finest quality, £1000 per gram.”
Gregg asks the attendant if the truffle can be grated as he does not require an entire truffle. The attendant confirms that the truffle can be grated down to the desired quantity by request. Gregg orders 16 grams at the price displayed. The attendance removes the truffle from the display counter and proceeds to grate the required amount.
The attendant then hands Gregg a ticket that confirms the weight and price of the grated truffle. The attendant directs Gregg to take the ticket to the cash desk at the far end of the food hall. Once he pays at the cash desk he can then return and collect the truffle.
Before Gregg reaches the cash desk he receives a call on his mobile phone from Heston, a friend of Gregg’s who is also a chef. Heston tells Gregg that he has seen some French truffle of the same quality for sale for £600 per gram. After the call, Gregg makes his way back to the food display counter. He tells the attendant that he no longer needs the truffle and hands the ticket back to the attendant.
The attendant calls the manager who tells Gregg that he is required to pay £16,000 as indicated on the ticket. Gregg refuses to pay and Harridges bring a claim against Gregg for breach of contract.
At first instance it is held the acceptance took place, and the contract was concluded, only once the ticket was presented and the purchase price was paid at the cash desk. Gregg therefore had no contractual obligation to purchase the truffle.
<b>Harridges now appeal to the Court of appeal on the following ground:
1) That the contract was concluded upon acceptance of the customer’s order for 16 grams, prior to the grating of the truffle.</b>