Savedcoffee
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Hi guys

I’ve just started a degree/apprenticeship in chartered management and am a bit stuck on my law module!

I need to defend a company in a moot court and was wondering how/if invitation to treat is relevant in the below case (written in brief!):

A company advertised that it has the cheapest TVs within 5 miles, they’re so confident that if a customer purchases a tv and find the same tv cheaper (that was cheaper on the day of purchase), the customer can write to them to claim double the difference in price. Claims must be made within 5 days of purchase.

The claimant in the case found the same tv cheaper 2 days after purchasing the tv, he calls the company immediately advising he’s found it cheaper, he also send a letter that arrives 8 days after purchase. The company declines to uphold the payment of double the difference.

Is invitation to treat relevant in this? Any good cases to refer to?

Thanks!

Frankie
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Notoriety
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Invitation to treat is relevant to the assessment of the advert. This can be handled rather briefly as there is a case of some authority which explains that such an advert would likely be a continuing offer.

The real issue with the scenario is the notification. There is the postal rule of acceptance -- which says that acceptance will occur at the time the acceptance is posted, even if that acceptance is delayed or lost. There is another issue about the notification over the phone which is an equally efficacious method to posting and perhaps sufficient to notify acceptance.

So the issue is more about notification of acceptance than invitation to treat.

You will have to do your own research into the cases and the rest of it.
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Savedcoffee
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(Original post by Notoriety)
Invitation to treat is relevant to the assessment of the advert. This can be handled rather briefly as there is a case of some authority which explains that such an advert would likely be a continuing offer.

The real issue with the scenario is the notification. There is the postal rule of acceptance -- which says that acceptance will occur at the time the acceptance is posted, even if that acceptance is delayed or lost. There is another issue about the notification over the phone which is an equally efficacious method to posting and perhaps sufficient to notify acceptance.

So the issue is more about notification of acceptance than invitation to treat.

You will have to do your own research into the cases and the rest of it.
Thanks for your response! I’ll admit we’ve had one day of lectures and are presenting our ideas tomorrow in a moot court. My personal thoughts were the notification of acceptance was more prominent than the invitation to treat so you have in some ways confirmed that trail of thought. Thanks for your time
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Notoriety
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(Original post by Savedcoffee)
Thanks for your response! I’ll admit we’ve had one day of lectures and are presenting our ideas tomorrow in a moot court. My personal thoughts were the notification of acceptance was more prominent than the invitation to treat so you have in some ways confirmed that trail of thought. Thanks for your time
No worries. If you post your thoughts in detail, you're more likely to get a decent response.
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Savedcoffee
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(Original post by Notoriety)
No worries. If you post your thoughts in detail,
Agreed! Unfortunately I don’t have detailed thoughts after only having a day of lectures 😫 moot court tomorrow but your answers are very helpful! Just to note I’m currently a data analyst doing a “chartered manager degree apprenticeship” so the topics are covered over 2 days maximum!
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username3689312
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Before you discuss the postal acceptance rule in relation to the acceptance. I would be discussing the statement made and whether they intended it to be binding. I appreciate that most likely yes it will be, but a discussion of carlill smoke ball and other cases will showcase your knowledge.
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Notoriety
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(Original post by james_law)
Before you discuss the postal acceptance rule in relation to the acceptance. I would be discussing the statement made and whether they intended it to be binding. I appreciate that most likely yes it will be, but a discussion of carlill smoke ball and other cases will showcase your knowledge.
It is important, though, not to do a knowledge dump. It's relevant, but wouldn't waste too much time on it if you find an easy answer (e.g. by looking at Ex P Jackson).
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CE01
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(Original post by Savedcoffee)
Hi guys

I’ve just started a degree/apprenticeship in chartered management and am a bit stuck on my law module!

I need to defend a company in a moot court and was wondering how/if invitation to treat is relevant in the below case (written in brief!):

A company advertised that it has the cheapest TVs within 5 miles, they’re so confident that if a customer purchases a tv and find the same tv cheaper (that was cheaper on the day of purchase), the customer can write to them to claim double the difference in price. Claims must be made within 5 days of purchase.

The claimant in the case found the same tv cheaper 2 days after purchasing the tv, he calls the company immediately advising he’s found it cheaper, he also send a letter that arrives 8 days after purchase. The company declines to uphold the payment of double the difference.

Is invitation to treat relevant in this? Any good cases to refer to?

Thanks!

Frankie
Hello, just wondering what company you work for as I'm also seeking a degree apprenticeship in chartered management.
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