Hi i wanna find out if these fact forms a contract or no contract and if it does what kind
1) The advertisment stated that first person who entered the store at 9 AM on tuesday oct 16 and who purchased a 19" tv would recieve a barbeque set. Jim entered the store at 9 am on the 16th and puchased 19" tv and was advised that the appliance store had no barbeque sets in stock.
(so i'm guessing there is no contract because usually adverstisments are only invitation to treat but i'm not sure and is the seller liable here or no)
2) Paul signed an agreement to purchase all the 19" tv that sony produces. two weeks later, when the first shipment arrived , paul rejects the shippment on the basis that there was no contract b/c quantity was "too vague"
(i can't figure this one out, it sounds like a valid contract because Paul stated he would buy all the 19" tv produced so there shouldn't be a issue about quantity being too vague,
so can u tell me if it is or not and what kind if possible)
also i would like to find out which kind of court can it be brought too
Contract Law (Help) Watch
- Thread Starter
- 29-11-2010 02:38
- Thread Starter
- 01-12-2010 02:16
- 02-12-2010 00:39
1) you are broadly right, but this isn't just about offers/invitations to treat - there is a contract because Paul actually bought the T.V., the issue is whether the BBQ set is part of that contract or not. Think about whether the ad is incorporated into the contract, and whether there is an implied "while stocks last" term. There is case law on this in the context of a petrol station and crappy world cup football coins.
2) Certainty is an important part of having a contract, you need to read the sections of textbooks that talk about certainty.