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Critical Analysis - Essay Example

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The particular issue that arose was that David while reading a newspaper (Daily Times) found that there was an advertisement which stated that a person named Perry had lost his ancient collection of coins, further he had stated that the person who found them would be paid $300…
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Critical Analysis
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Download file to see previous pages (Storer v. Manchester City Council1).However it must be stressed that not all communications are offers. An invitation to treat is an invitation by one person to the other to commence negotiations. An advertisement is generally treated as an invitation to treat. (Partridge v. Crittenden2). However the courts in Carlill v. Carbolic Smoke Ball Co.3 found that an advertisement constituted to be an offer. The main reason was that an amount of reward which had been specified was guaranteed, this was seen by the fact that 1000 pounds had been deposited in the bank.
However a revocation of a unilateral offer has caused problems. It has been suggested by Treitel that revocation of an offer may occur by the same means of communication of offer. The problem that the courts have faced at times is that of ascertaining when acceptance of a unilateral offer has taken place.
The uncertainty that has been caused due to such problems of offer, acceptance and revocation must be resolved by adopting a legislative act and to form an integrated approach to remove any uncertainty. Thus the case law can be taken into account and an Act can be put into effect.
The uncertainties will be resolved in the sense that clear points would be present as to when a unilateral offer has come into affect, when acceptance of such offer has taken place and finally of revocation. However if an act is established it would provide a bit more certainty at the cost of flexibility. Thus the flexibility which has prevailed in contract law might be said to be given away. However it can be said that certainty is a vital factor which would be more beneficial than flexibility.
In the case of David it can be said that the acceptance would only take place after he had found the coins. Thus the revocation would have taken place if Perry had revoked the offer through the same newspaper. Presuming that David had not been informed of the ...Download file to see next pagesRead More
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