The Issues Arise : Andrew 's Case Essay

1622 Words7 Pages
The issues arise in Andrew’s case are related to concepts of offer and acceptance and promissory estoppel. If a strict adherence to the rules on offer and acceptance is adopted, it is necessary to determine when the contract was formed. First, as a general rule, a advertisement amounts to invitation to treat( case in Partridge v Crittenden). This is because, in business sense, if advertisements were offers, then the sellers might find themselves unable to supply all those who accept the offer( the ‘limited stocks’ argument). A website is the electronic version of advertisement and it constitutes invitation to treat. An invitation to treat, in this case, the advertisement of the accommodation cost of £300 according to the motel’s website, would only be considered as motel’s willingness to receive offers, in other words, the offer will come from the customer. Since the motel emailed back to Andrew and stated that they were prepared to provide the accommodation for £200 as part of a special promotion. This email indicates that the position of offering has changed, it is no longer the case that the consumer who gives offer to the website provider. There is sufficient evidence from the email created by motel to amounts to an offer as it satisfies two conditions in Article 31 CESL: a)it is intended to result in a contract if the other party accepts it. in other words, if Andre agrees to pay £200, then there will be a definite contractual bound as the motel promised to be. b)it
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