With reference to decided cases, advise susan whether she may successfully sue Elizabeth about the exercise bicycle. Referring to the case scenario Elizabeth has certain rights for not selling the bicycle Even if the offeror says that he will keep an offer open for a certain period of time he can still revoke that offer. In Routledge v Grant31 the defendant offered to purchase the plaintiff's house and gave the plaintiff six weeks to make up his mind. Before the six weeks were over the defendant withdrew his offer. The plaintiff tried to accept the offer. The court held that the defendant was deserving to revoke his offer.
There was no contract. If there is a collateral contract to keep an offer open, supported by consideration then withdrawal of the offer before time would amount to a breach of the collateral contract and the plaintiff would be entitled to damages for breach of the collateral contract.when we talk about advertisements , the general rule is that with bi-lateral contracts the advertisement will be an ITT not an offer: Partridge v Crittenden [1968] 1 WLR 1204. The cause behind is this it to defend people who deal items from being widely liable to any person who wants to purchase the goods. (Beatson J, 2002, “Pp. 55.)
Thus if 10,000 persons answer to an advertisement on the internet about a certain merchandise, the trader would be liable to all 10,000 if the advertisement was construed as an offer and not an ITT. Thus when a clientele associates the trader asserting that they would like to buy a merchandise, they are making an offer to purchase which the trader should accept for a agreement to arrive into existence. An alternate way in which the enclosures could have resolved this problem is by asserting that the advertisement is an offer, but that it is subject to the term that it can only be acknowledged while supplies last. This would solve the difficulty of having a trader liable to thousands of promise customers. The court, however, favoured the ITT rationale. English law requires a number of things to happen before it can be said that a legally binding contract has been formed. Aagreement is founded on agreement.
In its purest pattern affirmation arises from offer and acceptance. One individual makes an offer, another individual acknowledges that offer. However, to constitute a legally enforceable contract the law demands four elements. They are: offer; acceptance; consideration (usually payment); an intention to create legal relations. There is a notion in English agreement regulation which at fi rst hearing noise odd. Acceptance of an offer should be unqualified and should correspond precisely with the periods of the offer. but which is necessary in the sales environment. The regulation of contract is a case regulation subject. (McKendrick E, 2003, Pp. 38)
There is a allotment of discretion granted to the judiciary in this locality of the municipal regulation and there is much to be learned by reading the ...