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How would you answer the remedies for this quesion

How would you answer the remedies for this quesition.
On 9th June 2022 Sarah’s much-loved golden retriever, Charlie, ran away while she was walking him and did not return, Sarah was very distressed and put a notice on a website for lost pets which stated ‘Charlie is lost and is very much missed. I will give a reward of £1000 to anyone who finds him and returns him to me.’ She included a photo of Charlie and her name and address. Ahmed saw the notice the next day and began looking for Charlie and after a few hours he found him on some local wasteland (Charlie has Sarah’s name and address on his collar so was easily identifiable). On that same day Sarah, who had become less distressed, had realised that money was so tight that she simply could not afford to pay the reward. She therefore put a notice on the website cancelling the reward. Ahmed didn’t see this cancellation notice. Ahmed brought Charlie back to Sarah who was overjoyed, but when Ahmed asked about the reward, Sarah was very apologetic and told him about the cancellation. With reference to relevant case law advise Ahmed whether he is entitled to claim the reward from Sarah.
(edited 1 year ago)
Reply 1
How would you answer it? We'll comment on your proposal.
Reply 2
Original post by Surnia
How would you answer it? We'll comment on your proposal.

Ok this is what I have written so far ! I didnt learn anything about remedies and i am aware that i need to to ( i wanna get the top marks !)so feedback and advice for this answer would be greattt!!

The issue is whether Sarah can revoke her offer to Ahmed after the act has been done.
The first thing to consider is if there is valid and enforceable contract between the parties. We can see from this case that Sarah has displayed a unilateral offer. A unilateral contract Is where one party undertakes an obligation. A unilateral contract becomes valid once an offer states that one person promises to do something if another person completes a set of specified conditions. Examples of Unilateral Contracts are rewards, challenges, and ITT. This case is an example of this as Sarah created an ad online(offer) and accepted by Ahmed (act of finding the dog).
In cases regarding unilateral offers acceptance of the offer occurs through performance of an act and there is no need to communicate acceptance before doing the act (Carlill vs Carbolic ). In the case of Carlill vs Carbolic, the company issued an advertisement stating that they deposited one thousand pounds to the bank and would give £100 to the customer who could not be cured by the smoke ball of the company. Mrs Carlill refused payment, and the excuse was that the company was not legally bound to pay as it was just an advertisement. However, the courts decided that this was a unilateral contract and the company need to pay up as Carlill had performed the act. Sarah act was “genuine” as she posted the advert online with a £1000 reward. Ahmed accepted this by finding the dog.
Regarding Ahmed’s acts, it could be seen as past consideration as the promise of the payment was done after the act (finding the dog), therefore this would not be enforceable. Which can be seen In the case of Re Mcardle , where the agreement was enforceable as the act had already been performed before consideration was given. However, I would distinguish from this case as Ahmed seen the ad then decide to perform the act of finding the dog. The act that Ahmed performed (finding dog) was done at the promisers (Sarah) request (Lampleigh v Braithwaite ). Ahmed also understood that the act would be paid for in some way (Re Caseys Patent) under the belief that Sarah would pay him the £1000.

Revocation is when the offeror withdraws from the contract. The offer must give reasonable notice and if the reasonable notice is given then the revocation is effective even if not everybody who saw the original offer sees the revocation (Shuey v United States 1875 ). In Shuey’s case the revocation was successful as the revocation was made in the same newspaper as the original offer and under the same circumstances. Upon first glance it would seem as this case would follow Shuey vs United states however the law surrounding unilateral offers is slightly trickier as acceptance is deemed to have taken place on completion of the specified act. Therefore, the offeror can revoke at anytime before the full completion leading to potentially illogical and unfair outcomes. However, there are exceptions to this rule¬¬¬ as seen in the case of “Errington v Errington and Woods 1952 where the courts said that if the offeree has already begun performing the act, then there is an implied promise not to revoke contained within the offer. In the case of “Errington vs Errington and woods” the defendant paid the deposit on a house and offered to give to his daughter in law, he died, and the widow tried to claim the house, the courts said it was unfair to revoke the offer as the daughter in law continued to make payments.

This case would follow Errington vs Errington and woods and Ahmed had already carried out the act of finding the dog an returning it to Sarah, it would be unjust to Ahmed for to not receive payment (she cancelled the same day Ahmed found it).
(edited 1 year ago)

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