Contract Law Assignment 1
Elaborating shortly on the case given, it can be seen that David, the offeror, places an ad in the newspaper Daily Bungle, in which it is responded by six different participants (offerees). Unfortunately, one of the cat, Bimmie, is injured and this made David to terminate the contract. In relation to this case, the offer and acceptance, thus the making of agreement, has been established. Offer, is when an offeror offers anything to the offeree, then the offeree makes an agreement through acceptance, which then forms and agreement, thus where the offer and acceptance is being applied. In light to this question, it will be tackled on how David will deal with these offerees and their respective parties, which will be discussed mainly on how the contract is made, and how it should be then concluded. Based on the case given, it can be seen that David, the offeror, is contractually bound to pay the amount of £1000, for each a cat. This contract is bound due to that the offer had been established, through the advertisement on the Daily Bungle, with which it is then accepted by the acceptance. In order for this contract to be bound, we must first look into the case of Carlill v Carbolic Smoke Ball Co (1893)1, whereby it in the terms of a unilateral contract. The reason that it is a unilateral contract is that as David advertised his lost cats through newspaper, indicates that he is consented to be contractually bound by the whatsoever terms that he had written on the advertisement, albeit that he then terminated this contract, but more on that later. According to the case mentioned above, it is stated that offers, which are made by David, addressed to the general public is accepted when the offer is acted upon by members of the general public. This means that, when the offer is advertised, and acted by the general public, which are those offerees, it can be said that a contract had been made. On normal circumstances, this unilateral contract is
Bibliography: Books Catherine Elliott & Frances Quinn, Contract Law (8th edition, Pearson Education Ltd, 2011) Chris Turner, Unlocking Contract Law (3rd edition, Routledge, 2010) Meera Mahendranathan & Murali Kandasamy, Contract Law Study Manual LL.B (1st edition, Brickfields Asia Corp., 2013) Ewan McKendrick, Contract Law (4th edition, Oxford University Press Inc., 2010) Electronic Sources Edwards v Skyways Ltd [1964] 1 WLR 349 Stevenson Jacques & Co v Mclean (1879-80) LR 5 QBD 346 Williams v Carwardine (1833) 4 B & Ad 621 Hyde v Wrench (1840) 3 Beav 334 Balfour v Balfour [1919] 2 KB 571 Currie v Misa (1875) 1 App Cas 554 Tweedle v Atkinson (1861) 1 B & S 393 Roscorla v Thomas (1842) 3 QB 234