Hey there! Sign in to join this conversationNew here? Join for free
    • Thread Starter

    A/. David is a University student. On Monday (1st) he advertised a computer for sale on the University notice board. The notice stated: “Second-hand Lap-top for sale”. Please leave your cheque in a sealed envelope on the notice board by mid-day next Monday (8th). I will sell the computer to the student whose cheque is nearest to £150”. Ann who is a BU accounting student leaves a cheque for £120. Jane who is a BU business studies student puts a note in an envelope saying she will pay him £130 but will give him a cheque when she meets him. Len, who works as a laboratory technician in the University leaves a cheque for £140 in an envelope. On the Saturday (6th), David agrees to accept a cash offer of £110 from Lucy, a BU finance student

    I initially thought:

    Although usually an advert is considered an initiation to treat, there are cases when it is considered a unilateral offer. Where an express contractual promise is made to accept the most competitive bid, that will be legally binding, such as the case Harvela Investments Ltd v Royal Trust Co. of Canada (C.I.) Ltd (1985), the bid should have done to the highest offeror. Consquently, Len’s offer should be accepted when he left the cheque for £140, which was the highest bid. Although the word ‘student’ was used in the notice, this would have not been intended by David to constitute a term and only amount to a mere puff, when intention would lie with getting the closest offer, not to sell to a student.

    However, because it's only an invitation to treat, and offers are made in ignorance of other offers, can david accept anyone's offer including Lucy's?Thanks

    I think the word 'student' could not be ignored, the law states that offer is to be interpreted by the standard of objective promisee ( Smith v Hughes)

    If you were Jane, you might think this word important.

    Further , the requirement of buyer to be a student may have relationship with the price and computing power of the laptop, I think significance has to be attached to it.
Who is your favourite TV detective?

The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

Write a reply...
Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.