This preview shows page 1. Sign up to view the full content.
Unformatted text preview: item offered in the advertisment. Contentions of Defendant A newspaper advertisement is a unilateral offer when asking a certain price and may be revoked without any notice. The offer was modified by a house rule so that only women were able to purchase the items. Issue(s) Does the advertisement constitute a legal offer and if so, does the plaintiffs conduct warrant an acceptance? Holding YES. Rule(s) The test for determining a binding contract is to see whether the facts contained within the advertisment so what some performance was promised in positive terms in return for something requested. Rationale The language which the advertisement contained was very explicit, clear, defined, and did not leave any questions as to the negotiation of a deal. There were stipulations regarding the performance of the contract (i.e. being the first there) which the plaintiff followed. Result AFFIRMED...
View Full Document
- Spring '08