contract law problem
James put an advertisement in the newspaper:
james’s Babysitting Service
Newborn babies (up to 1 year old)
US $300/per week
123 ABC street, Rainy Bay
(+81) 34756193
On 1 May, May saw this advertisement and book to visit James' home. The next day, May arrived James' home and think that James is suitable to take care her son, Jack.
During the visit, they have some conversation,
May: I need someone to take care of my son Jack beginning 1 June till 31 August. Every Monday to Friday, and work for 1:00 pm to 8:00 pm.I need to communicate with my husband first, since $300 per week is a little bit out of budget.
James: I can help you during this period. You can bring him at the beginning day. it will cost $300 per week for me to take care of him.
May: If my husband is ok for the price, I will let you know before 1 June and bring him here in 1 June.
May talk to her husband at night, her husband is accepted the price. but May did not contract James back.
James put another advertisement on 15 May,
james’s Babysitting Service
Newborn babies (up to 1 year old)
US $300/per week
123 ABC street, Rainy Bay
(+81) 34756193
FULLY BOOKED TILL SEPT 1
May took Jack to James home. James say that "sorry. I did not see your reply and I do not time to take care of Jack. And I am already post the advertisement to let everyone know that I am fully booked" However, May did not saw this advertisement because she traveled to another place.
In this case,
1. is the first advertisement an ITT or not?
2. is it May makes an offer to James? since May's offer is missing the material term (the price). so, is it still a valid offer?
3. If May is not making an offer, so is it James to make an offer? since he provides the price and there have definite terms.
4. Can James revoke the contract by posting the advertisement like this? 5. can May sue James?