James Campbell vs Law Students Entrepreneur Case - Essay Example

We further submit that the judge is expected to at first instance apply the literal rule of the statute before considering anything else. Thus we submit that as held in partridge, an advert amount to an invitation to treat and not an offer.

The respondent further submits that the advertisement did not show any intention for them to be bound and therefore it never amounted to an offer.

We submit that though it’s possible to make an offer to the world (unilateral offer), the facts of this particular case are very different from those of Carlill v Carbolic smoke ball case, since in the Carlill case the respondent company had deposited $1,000 in the Alliance Bank to show their commitment and in which it can be inferred their intention to be bound by, upon acceptance, but in this case, the Respondent did not show in any way either express or implied intention to be bound by the advert upon acceptance thus it can only be concluded to be an invitation to treat and not an offer.

Furthermore, the respondent submits that the Appellant did not communicate upon acceptance as it’s the general rule of the requirement that the offeree must communicate to the offeror upon acceptance to effect the contract formation. Also, the appellant cannot claim that their conduct amount to an acceptance, since the need to communicate acceptance is only waived when the other party does not object to the conduct of the appellant. But in this case, the respondent objected to the appellant's conduct long before even the stall was opened, and even upon opening the stall their objected to his conduct.

Subject to further Questioning from your lordship(s)/my lords/lady this brings me to the end of our submissions, and in so doing I would like to site our humble prays before this honorable Court.

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