Can someone help me find cases for a mooting on contract?
A, the owner of a bakery is having a promotion, selling boxes of chocolates for $1.50. However, she is only putting up 50 for sale on a first come first served basis.
A puts up an advertisement online, with all the details, including the fact that the promotion only lasts from 4th of July to 17th of July.
B sees this advertisement online on the 4th, and immediately sends an email to reserve 5 boxes. He lives 50 miles away, so he plans on driving to A's bakery before the end of the promotion on the 17th.
Before the 17th A realizes that the shop is losing too much money, and decides to end the promotion. She sends B an email saying that the promotion has ended.
B doesn't read this email in time, and makes the trip to A's bakery only to realize that the promotion has ended. B brings the matter to court, but the court decides that the promotion was merely an invitation to treat. B decides to appeal the case.
I'm taking the side of the respondents in maintaining that the promotion was merely an invitation to treat and not an offer. Having a hard time finding relevant cases to support my side though, as the email bit makes older cases useless. Any help would be appreciated.
A puts up an advertisement online, with all the details, including the fact that the promotion only lasts from 4th of July to 17th of July.
B sees this advertisement online on the 4th, and immediately sends an email to reserve 5 boxes. He lives 50 miles away, so he plans on driving to A's bakery before the end of the promotion on the 17th.
Before the 17th A realizes that the shop is losing too much money, and decides to end the promotion. She sends B an email saying that the promotion has ended.
B doesn't read this email in time, and makes the trip to A's bakery only to realize that the promotion has ended. B brings the matter to court, but the court decides that the promotion was merely an invitation to treat. B decides to appeal the case.
I'm taking the side of the respondents in maintaining that the promotion was merely an invitation to treat and not an offer. Having a hard time finding relevant cases to support my side though, as the email bit makes older cases useless. Any help would be appreciated.
(edited 10 years ago)
Original post by Raging Doughnut
A, the owner of a bakery is having a promotion, selling boxes of chocolates for $1.50. However, she is only putting up 50 for sale on a first come first served basis.
A puts up an advertisement online, with all the details, including the fact that the promotion only lasts from 4th of July to 17th of July.
B sees this advertisement online on the 4th, and immediately sends an email to reserve 5 boxes. He lives 50 miles away, so he plans on driving to A's bakery before the end of the promotion on the 17th.
Before the 17th A realizes that the shop is losing too much money, and decides to end the promotion. She sends B an email saying that the promotion has ended.
B doesn't read this email in time, and makes the trip to A's bakery only to realize that the promotion has ended. B brings the matter to court, but the court decides that the promotion was merely an invitation to treat. B decides to appeal the case.
I'm taking the side of the respondents in maintaining that the promotion was merely an invitation to treat and not an offer. Having a hard time finding relevant cases to support my side though. Any help would be appreciated.
A puts up an advertisement online, with all the details, including the fact that the promotion only lasts from 4th of July to 17th of July.
B sees this advertisement online on the 4th, and immediately sends an email to reserve 5 boxes. He lives 50 miles away, so he plans on driving to A's bakery before the end of the promotion on the 17th.
Before the 17th A realizes that the shop is losing too much money, and decides to end the promotion. She sends B an email saying that the promotion has ended.
B doesn't read this email in time, and makes the trip to A's bakery only to realize that the promotion has ended. B brings the matter to court, but the court decides that the promotion was merely an invitation to treat. B decides to appeal the case.
I'm taking the side of the respondents in maintaining that the promotion was merely an invitation to treat and not an offer. Having a hard time finding relevant cases to support my side though. Any help would be appreciated.
Lefkowitz v Great Minneapolis Surplus Store - us case
Carlill v Carbolic Smoke Ball
Ramsgate Victoria Hotel v Montefiore
Dickinson v Dodds
Original post by tehforum
Lefkowitz v Great Minneapolis Surplus Store - us case
Carlill v Carbolic Smoke Ball
Ramsgate Victoria Hotel v Montefiore
Dickinson v Dodds
Carlill v Carbolic Smoke Ball
Ramsgate Victoria Hotel v Montefiore
Dickinson v Dodds
Thank you very much. Will read up on those.
I'm familiar with Carlill's case though. Doesn't it go against what I'm trying to prove?
I sort of feel like the promotion was in fact an offer, but hey, I want to go down fighting.
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