Advise Rodney on course of action - Essay Example

Rodney can go to a court οf law against Derek. An example οf a case concerning a true offer is that οf Carlill v Carbolic Ball Co (1893). The company was so sure οf its smoke balls that they placed advertisements in newspapers stating that it would pay anyone who caught flu £100 after using its smoke balls as directed. Mrs Carlill bought one οf the smoke balls, used it as directed but still caught flu. She claimed the £100 reward but was refused, so she sued the company in contract. The court held that in this kind οf contract, which is known as a unilateral contract, acceptance consists οf performing the requested act and notification οf acceptance is not necessary.

The court concluded that Mrs Carlill was entitled to recover the £100 reward. An invitation to treat this is were a person holds himself out as ready to receive offers, which he may then either accept or reject, an invitation to treat is not legally binding where as an offer is. For example if a shop displays goods with a price tag attached, this is not an offer to sell but an invitation for customers to make an offer to buy. The Fisher v Bell (1960) case were a shop keeper displayed a flick knife in his shop window.

He was charged with offering for sale an offensive weapon contrary to the provisions οf the Restriction οf Offensive Weapons Act 1959. His conviction was quashed on appeal. The Divisional Court οf the Queens Bench Division held that the display οf goods with a price ticket attached in a shop window is an invitation to treat and not an offer to sell. This case outlines the difference between an offer and an invitation to treat. In the case οf business and commercial agreements, it is automatically presumed that the parties intended to make a legally enforceable contract.

It is possible, however, to remove the intention by the inclusion οf an express statement to that effect in the agreement. An example οf this can be seen in the