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I need some assistance with these assignment. the essential elements of the contract creation Thank you in advance for the help!
I need some assistance with these assignment. the essential elements of the contract creation Thank you in advance for the help! An advertisement is usually classified as an ‘invitation to treat’ because it typically lacks specificity, a necessary ingredient for a valid offer. This is particularly true for advertisements for the sale of goods.4 However in the early case Carlill v Carbolic Smoke Ball Co Ltd (1893) 1 QB 256 it was held that if an advertisement was specific and definite enough it could constitute a valid offer. In the Carbolic Smoke Ball Col Ltd. case, Carbolic ran an ad that promised a reward of 100 pounds to any individual that was infected with influenza after having followed the manufacturer’s instructions on one of the company’s products.5 This kind of advertisement constitutes a unilateral offer in that it is an offer to the world at large and is capable of forming a legally binding contract.
In Brogden v. Metropolitan Ry. Co. 2 App. Cas. 666 Lord Blackburn held that an advertisement duly constituting a valid offer, was accepted once it was acted on.7 Lindley LJ explained in Carbolic Smoke Ball Co. Ltd. that advertisements that offered a reward in exchange for the successful performance of an ace ‘are offers to anybody who performs the conditions named in the advertisement, and anybody who does perform the condition accepts the offer. In point of law, this advertisement is an offer to pay 100l. to anybody who will perform these conditions, and the performance of the conditions is the acceptance of the offer.’
Lindley LJ also noted that it is a general proposition of law that an .acceptance of an offer is required to be communicated to the party making the offer. . However, in cases involving advertisements that constitute a valid offer, the requirement is waived. . And if indeed notification ‘of acceptance is required, the person who makes the offer gets the notice of acceptance contemporaneously with his notice of the performance of the condition.
