Case Study Jennifer vs. Sports Council Case Background Sports Council advertised in the newspaper the following message “Swim the English Channel. Here is a great opportunity for swimmers! Race will commence in Dover at 10am on 7th July. ?10,000 prize to the first swimmer to reach the shore of France”…
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Furthermore, it argued that it had revoked its offer after the swim had started on 7th July 2011 and sent boats after the swimmers to make it clear to the swimmers that there will not be any prize. They argued that they had used loudspeakers. But, Jennifer said she never heard any announcement particularly due to the bathing cap covering her ears and she was focused on her swimming only. Issue The problem is that Jennifer had accepted the offer made by Sports Council and joined the swimmers in the race. She reached the shore first and was entitled to a prize. However, Sports Council has refused to pay her the promised prize. Questions Related to the Case The following questions arise here that requires critical analysis and legal backup to reach to the advice for Jennifer: Q1. What laws are applicable to Jennifer vs. Sports Council case? Q2. Was the offer made by Sports Council an offer or an invitation to treat? Q3. Was Jennifer’s acceptance of the offer properly communicated to Sports Council? Q4. Is intention to create legal relations integral to creating a valid enforceable contract? Q5. Was there any contract between Jennifer and Sports Council? Q6. Was it a unilateral or bilateral contract? Q7. Was there any consideration? Q8. Was the revocation of the offer valid? Q9. Is Sports Council liable to pay the prize to Jennifer and any other damages in the instance of refusal to pay the prize? Q10. Does UK law provides any remedies to Jennifer in terms of a legal action against Sports Council? Flow of Discussion in the Paper This paper will address the above mentioned questions through the critical analysis of the four alternative grounds relied upon to refuse payment of prize money to Jennifer. The analysis will aim to evaluate each of the alternative ground in the light of United Kingdom’s Contract Law to reach to the conclusion whether these grounds are valid and have any force of law. The conclusion will help in determining the legal position of Jennifer and lay down the future course of action to claim the prize money. Analysis of the Alternative Grounds Relied upon by Sports Council a) The newspaper advertisement was not an offer but a mere puff and there was no intention to create legal relations. Paul Richard has defined offer as “an expression of a willingness to contract on certain terms made with the intention that a binding agreement will exist once the offer is accepted”1. The first step to formation of a contract is an offer. The offer is made between an offeror and offeree. The offeror shows or expresses a willingness to enter into a contract on certain and definite terms which will come into force and become binding as soon as they have been accepted by the offeree who has been addressed. However, the term “expression” refer to numerous forms of communicating to the offeree like newspaper, letter or email. It also includes a conduct of an offeror to an offeree that communicates to the latter due to which the offeree is willing to contract with the offeror. The expression can only be objective and not a subjective one. The courts conduct a test to determine whether there was an offer which was accepted to determine whether an agreement existed between both parties. In the leading British case Smith v Hughes (1871) LR 6 QB 597, the court held that: "If, whatever a man's real intention may be, he so conducts himself that a reasonable
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(“Sports Counsil Assignment Example | Topics and Well Written Essays - 2500 words”, n.d.)
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(Sports Counsil Assignment Example | Topics and Well Written Essays - 2500 Words)
“Sports Counsil Assignment Example | Topics and Well Written Essays - 2500 Words”, n.d. https://studentshare.org/other/1393050-contract-assessment.
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