The Matrix Of Contract Law And Authority

1469 Words Feb 22nd, 2016 6 Pages
This paper analyses the stated fact pattern against the matrix of contract law with a view to answering the two specific questions posed. The questions both concern issues of contract formation. Pertinent case law and authority is applied in de constructing the scenarios and forming sound conclusions.

I. Does Betty have an enforceable contract against QUES (Station)?
It stands to reason that one of the formal components of any enforceable contract is a valid offer. It is submitted that Station made such an offer when it advertised that anyone who caught Big Bertha on hook and line and presented it to Station would be entitled to a $5,000 cash prize. It is settled law that competent offers may be made not only to a specific person or specific group of people, but also to the world at large (as in this case) .

There is a general rule that advertisements constitute invitations to treat rather than offers : see for example Partridge v Crittenden [1968] . However, in cases where the advertisement in question comprises a clear and certain set of terms and a commitment that objectively suggests an intention to establish legal relations, especially in the case of a unilateral contract such as the one under consideration, then an enforceable offer may be found .

Foundation authorities for this principle (and exception to the general rule) include Carlill v Carbolic Smoke Ball Company [1893] , Hunter v General Accident, Fire and Life Assurance Corporation [1909] and…

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