Help needed to identify unilateral contract.

Hello everyone!

Your help would be very much appreciated!

Situation:

Since advertising Goldy, Ben has woken up every morning to find his front door spray painted with the word: ‘Fishface’. Ben bumps into his neighbour, Peter, who is a police officer and complains about the graffiti. With a sad smile and a cynical laugh, Ben tells Peter, ‘If you catch that graffiti artist, I’ll pay you £200.’ That night, after finishing his evening shift at work, Peter hides outside Ben’s house. At 3am, the graffiti artist arrives and starts spray painting ‘Fishface’. Peter arrests him. Ben refuses to pay Peter the £200.

Can it be constituted to be unilateral contract and why?

Reply 1

beepbeeprichie

18

Original post by Purecristal

Hello everyone!

Your help would be very much appreciated!

Situation:

Since advertising Goldy, Ben has woken up every morning to find his front door spray painted with the word: ‘Fishface’. Ben bumps into his neighbour, Peter, who is a police officer and complains about the graffiti. With a sad smile and a cynical laugh, Ben tells Peter, ‘If you catch that graffiti artist, I’ll pay you £200.’ That night, after finishing his evening shift at work, Peter hides outside Ben’s house. At 3am, the graffiti artist arrives and starts spray painting ‘Fishface’. Peter arrests him. Ben refuses to pay Peter the £200.

Can it be constituted to be unilateral contract and why?

A unilateral contract is where only one of the parties has an obligation. In this case only Ben has an obligation (to pay Peter if he catches the criminal) and Peter has no obligations at all (he does not have to find the criminal). So yes there would be a unilateral contract (or there is one prima facie).

Reply 2

Purecristal

OP

Thank you, but..

In my discussion with colleague it was stressed from her side that as Ben told Peter with"smile and cynical laugh"-it cant be taken as an acctual promise,just a friendly talk or something. Plus,what would be your views that unilateral contracts hardly likely between family members and etc. only in commercial or business dealings?

Reply 3

beepbeeprichie

18

Original post by Purecristal

Thank you, but..

In my discussion with colleague it was stressed from her side that as Ben told Peter with"smile and cynical laugh"-it cant be taken as an acctual promise,just a friendly talk or something. Plus,what would be your views that unilateral contracts hardly likely between family members and etc. only in commercial or business dealings?

Well as they're neighbours then it will be in a social context and so there will be a presumption that there was no intention to create legal relations. Whether Ben's 'offer' actually is an offer will depend upon what a reasonable person would have thought it to be. Given the cynical smile and laugh there probably wasn't an offer.

Reply 4

Purecristal

OP

Thank you very much!

Reply 5

jjarvis

14

Original post by Purecristal

Hello everyone!

Your help would be very much appreciated!

Situation:

Since advertising Goldy, Ben has woken up every morning to find his front door spray painted with the word: ‘Fishface’. Ben bumps into his neighbour, Peter, who is a police officer and complains about the graffiti. With a sad smile and a cynical laugh, Ben tells Peter, ‘If you catch that graffiti artist, I’ll pay you £200.’ That night, after finishing his evening shift at work, Peter hides outside Ben’s house. At 3am, the graffiti artist arrives and starts spray painting ‘Fishface’. Peter arrests him. Ben refuses to pay Peter the £200.

Can it be constituted to be unilateral contract and why?

I'd also address the consideration point. He's a police officer arresting someone for committing a crime, so you need to consider whether catching the graffiti artist is a pre-existing duty for which an offer of money is not good consideration. This is secondary to the unilateral contract point, but I think it ought to be discussed.

Reply 6

beepbeeprichie

18

Original post by jjarvis

I'd also address the consideration point. He's a police officer arresting someone for committing a crime, so you need to consider whether catching the graffiti artist is a pre-existing duty for which an offer of money is not good consideration. This is secondary to the unilateral contract point, but I think it ought to be discussed.

Ah very good point.

Reply 7

Purecristal

OP

Yes very good point-thank you. One more thing-what about that police officer is doing the job after his shift is finished-outside work hours or shall we say that is pre-existing duty?