[danfl2004]

Hi, I have a moot contract question regarding the sale of goods in supermarkets. Basically guy sees advert in shop window that if he spends 160 pound he gets a knife, gets to checkout and all goods are scanned, he asks for knife but is told they have none left and offer tea towel instead. He refuses to pay. At first instance the courts finds there was a legal contract. He appeals there was no contract to pay the money.

Could use some help, as it is proving very tricky to build any water tight case.

So far I could try discredit the Boots Cash Chemist case, and say that a contract is only complete when payment is made. But cant find any authorities for this..

Also could bring in the Sales of Goods Act 1979.

Any other suggestions

[Coursework.info]

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[LawBore]

Try arguing that the sign in the window is in fact an invitation to treat as per Fisher v Bell. Remember, in establishing a contract, we must systematically establish offer, acceptance, intent to create legal relations and consideration. The existence of an offer is shaky here, as is intent to create relations.

[DAFOne]

Edit: Forget that.

[coffe_e]

Originally Posted by danfl2004

Hi, I have a moot contract question regarding the sale of goods in supermarkets. Basically guy sees advert in shop window that if he spends 160 pound he gets a knife, gets to checkout and all goods are scanned, he asks for knife but is told they have none left and offer tea towel instead. He refuses to pay. At first instance the courts finds there was a legal contract. He appeals there was no contract to pay the money.

Could use some help, as it is proving very tricky to build any water tight case.

So far I could try discredit the Boots Cash Chemist case, and say that a contract is only complete when payment is made. But cant find any authorities for this..

Also could bring in the Sales of Goods Act 1979.

Any other suggestions

I guess it's a unilateral offer because it requires the performace of an act to be accepted. If the offer is to e revoked they must provide equal notoriety. Seems quite vague.

Also, didn't Boots say that a contract is made when the item is scanned?

[DAFOne]

Okay, look at the formation and enforcement of unilateral contracts. Carlill will be a good place to start for the opposition (assuming that you are arguing there was no offer). Warlow v Harrison could be suggested.

Partridge v Crittenden would also be somewhat useful. You can also go into foreign cases (but note that they are not binding on English law, so just make references to them).

Quote from McKendrick:

"It has been argued that to treat a display of goods as an offer might result in the vendor being bound to a series of contracts which he would be unable to fulfill. This objection can be countered by holding that a shopkeeper's offer is subject to the limitation that it can only be accepted 'while stocks last'.

[danfl2004]

Thanks for the help, will have a read of the cases mentioned!

i am arguing there was no contract for the goods.

[jacketpotato]

Originally Posted by danfl2004

Hi, I have a moot contract question regarding the sale of goods in supermarkets. Basically guy sees advert in shop window that if he spends 160 pound he gets a knife, gets to checkout and all goods are scanned, he asks for knife but is told they have none left and offer tea towel instead. He refuses to pay. At first instance the courts finds there was a legal contract. He appeals there was no contract to pay the money.

Could use some help, as it is proving very tricky to build any water tight case.

So far I could try discredit the Boots Cash Chemist case, and say that a contract is only complete when payment is made. But cant find any authorities for this..

Also could bring in the Sales of Goods Act 1979.

Any other suggestions

SOGA isn't relevant.

Don't try and discredit Court of Appeal cases unless its absolutely necessary to do so - this isn't a road you want to be going down. Here it isn't necessary.

You need to argue that the cashier makes the offer which is accepted by the person paying. Not the dude making the offer when he presents the goods at the till. There are a couple of dicta stating this, and there are also some objective intention/public policy arguments to be made.

On the facts you've posted, I don't see why the knife advert is relevant unless you go down the breach of a condition/misrepresentation route. I suspect you've missed something out. There is a case involving Esso IIRC concerning the status of world cup coins offered when you bought so much petrol.