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The offer was made to the world one cannot enter into

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The offer was made to the world. One cannot enter into a contract with the whole world, however one can make an offer to the world which will ripen into a contract when someone performs conditions of the advertisement. One cannot accept by accident. An advertisement can be withdrawn by putting a ‘revoke’ ad in the same paper, toreach the same audience. R v Clarke (1927) 40 CLR 227 5) Now answer the following problem question, using the IRAC method and Carlill’s case as a guide. In the window of your local convenience store John and Tuan see a note offering to pay a reward of $200 for the safe return of a lost dog. While practising golf in the local park, John and Tuan see a dog that matches that
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description and rescue it from being attacked by another dog. The two boys return the dog to its owner Bill, but he refuses to pay the reward of $200. Bill says that he knows the law and that there is no contract for two reasons: •  First, he did not mean the offer to be taken seriously. He made the offer merely to placate his family who were distressed about the dog being lost. 21 •  Secondly, the boys had not communicated their acceptance of his “offer”. Advise Bill whether John and Tuan are legally entitled to be paid the reward? The issue is that we must determine whether Bill made an offer, and whether the boys accepted the offer. Bill made an advertisement in the store window, which is generally an invitation to treat, as seen in Partridge v Crittenden. Invitations to treat are generally not binding. If an advertisement is detailed and offer a reward, then itis an offer, as seen in Carlill v Carbolic Smoke Ball Company. Bill had no intention to be legally bound as he did not mean the offer to be taken seriously. Using the objective test, for any reasonable person reading the advertisement they would assume there is intention behind the advertisement. Regardless of his implications, his actions displayed intention. By doing what was offered on the advertisement, the boys were communicating their acceptance as it is implied, as seen in Brogden v Metropolitan Railway Company. As a result, as Bill made an offer and the boys implied their acceptance, Bill needs to pay the boys. Exercise 5.4 Read the cases of Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1953) 1 QB 401 and Fisher v Bell (1961) 1 QB 394 (Parker and Box pages 89-90) and answer the following questions: 1) If a customer selects items from a store shelf, are they accepting the store’s offer to sell the items at the nominated price or are they offering to buy the item? No, they are not accepting the offer. Display of goods in a store is merely an invitation to treat. Pharmaceutical Society of Great Britain v Boots Cash Chemists 2) If a person sees an item in a store window, goes into the store and says they want to buy it, are they accepting an offer from the store to sell the item? Display of goods is
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in store window is an invitation to treat.
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