please can anyone help me with this moot, have absolutely no idea where to start..
Moot problem 2
Kay V Hindmoor
Hindmoor Superstores placed the following notice in their shop window before the start of their winter sale:
‘OUR WINTER SALE IS HERE ONCE AGAIN- THOUSANDS OF FABULOUS BARGAINS. JUST FOR STARTERS THIS FANTASTIC REAL FUR COAT WILL BE SOLD FOR JUST £50 – TO FIRST CUSTOMER THROUGH OUR DOORS ON MONDAY MORNING. DON’T BE LATE’.
Agnes Kay passes Hindmoor’s shop on the Friday before the start of the sale, and seeing the fur coat, determined it would be hers. She ran home and packed some food and drinks and with a sleeping bag rushed back to the store and, relieved to see she was the only person wanting to queue at that time, settled down at the front of the entrance for the weekend. On the Friday evening just before the shop closed the manager came out and said, “I suppose you are after the fur coat – make the best of your weekend”.
Other people joined the queue on Sunday evening and early Monday morning and as opening time approached Agnes, knowing she was first, began to get very excited. At 8:45, fifteen minutes before the store was due to open, Agnes noticed that one of the shop employees entered the window and removed both the fur coat and the notice. Agnes thought no more about this and rushed into the shop to claim her prized fur coat. When she asked for it, however, she was told that it was no longer for sale.
Agnes sued Himdmoor’s shop for breach of contract but at first instance the judge found for Himdmoor on the following basis:
1) There was no contract between Agnes and Hindmoor since the notice in the window was not an offer but and invitation to treat and
2) Even in the notice did not amount to an offer it was withdrawn before acceptance and that the principle to enunciate in Errington V Errington (1952) 1 KB 290 did not apply in the instant case.
Kay now appeals to the Court of Appeal.
i have been given the task of being the Senior respondant in this case...