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I need help creating a thesis and an outline on Mooting. Prepare this assignment according to the guidelines found in the APA Style Guide. An abstract is required.
I need help creating a thesis and an outline on Mooting. Prepare this assignment according to the guidelines found in the APA Style Guide. An abstract is required. JAMES CAMPBELL V LAW ENTERPRENUER LTD. IN THE SUPREME COURT OF UNITED S OF AMERICA
MEMORIAL FOR THE RESPONDENT
Introduction
your lordship/my lady(s), as may it please the court. am mr x (mention your official name) appearing as counsel for the respondent the law students entrepreneur ltd, with respect to this honorable court i would like to take the next ten minutes (or any other time allocated) to address our grounds of submissions proving to this court that the respondent they never had any contract with the appellant as they never made any offer to the appellant with regard to the matter in contention.
Turning on to our grounds of submissions.
1. The Respondent submits before this Honorable court of Appeal in the right position by upholding that an advertisement is an invitation to treat and not an offer, therefore there was neither an offer nor contract between the respondent and the appellant. In proving this the respondent will rely on the literal rule of the statute.
2. The respondent submits that the advert which was placed on the 4th November was just an invitation to treat. We further submit that the judge is expected to at first instance apply the literal rule of the statute before considering anything else.1 Thus we submit that as held in partridge,2 an advert amount to an invitation to treat and not an offer.3
3. The respondent further submits that the advertisement did not show any intention for them to be bound and therefore it never amounted to an offer.4
4. We submit that though it’s possible to make an offer to the world (unilateral offer), the facts of this particular case are very different from those of Carlill v Carbolic smoke ball case,5 since in the Carlill case the respondent company had deposited $1,000 in the Alliance Bank to show their commitment and in which it can be inferred their intention to be bound by, upon acceptance, but in this case, the Respondent did not show in any way either express or implied intention to be bound by the advert upon acceptance thus it can only be concluded to be an invitation to treat and not an offer.
5. Furthermore, the respondent submits that the Appellant did not communicate upon acceptance as it’s the general the rule of requirement that the offeree must communicate to the offeror upon acceptance to effect the contract formation.6 Also, the appellant cannot claim that their conduct amount to an acceptance,7 since the need to communicate acceptance is only waived when the other party does not object to the conduct of the appellant. But in this case the respondent objected to the appellant conduct long before even the stall was opened,8 and even upon opening the stall their objected to his conduct.9
Conclusion
Subject to further Questioning from your lordship(s)/my lords/lady this brings me to the end of our submissions, and in so doing I would like to site our humble prays before this honorable Court.
Relief Sought.
The respondent humbly prays this Honorable court:
1. To dismiss the claim by the appellant on the grounds aforesaid.
2. Dismiss the matter and costs and interests upon the appellant.
Bibliography
Entorres v Miles Far East [1955] 2 QB 327 Court of Appeal
Butler Machine Tool v Ex-Cell-O Corporation [1979] 1 WLR 401 Court of Appeal
Per Partridge v Crittenden (1968) 2 All ER 421
Fisher v Bell1961] 1 QB 394
Harvey v Facey [1893] AC 552 .Privy Council [1893] 1 QB 256 Court of Appeal.
