When we dine in a restaurant, there is a contract. But when is the offer? And when is the acceptance? Offer when we actually enter the restaurant? Or when we order?
Also, suppose i see this special dish 'X' on the restaurant's website. I called and they say it is "definately" available. So i made a reservation because of the availability of dish 'X'. But when i arrived it was no longer available!
So is my reservation contract enforceable?
And is my contract for the availability of X enforceable?
If there is an enforceable contract for the availability of X, when is the offer, acceptance, and what are the consideration?
Questions of contract law
2008-04-17 12:21 am
回答 (2)
2008-04-17 5:30 am
In my opinion, offer is made when you place your order. It is accepted when the dishes are delivered.
special dish shown on website is an invitation to treat.
your reservation.. is purely a reservation i would say.
the restaurant can refuse to grant you a table if they dont want to,
and you can withdraw after sitting down when you find out that dish is not available.
therefore neither a [reservation contract] nor [contract for the availability of X] exists.
special dish shown on website is an invitation to treat.
your reservation.. is purely a reservation i would say.
the restaurant can refuse to grant you a table if they dont want to,
and you can withdraw after sitting down when you find out that dish is not available.
therefore neither a [reservation contract] nor [contract for the availability of X] exists.
參考: personally opinion. no reliance of any form assumed!
2008-04-17 1:22 am
The contract exsisted on the time you dine in the resturant, by conduct, you enter into the resturant and wanting to have dinner there, it is clear that you want to enforce a contract with the resturant. Offer and Acceptance happens in the same time you enter the resturant. (Correct me if I am wrong)
In shopping for goods, you can talk about giving offer to a practicular item for sells, until or unless the offer was accepted (effectively communicated) there will be a contract.
The special dish X become unavaliable will have 2 side. First, on your side, the contract become a fundamentally different contract, you will strongly said that the contract is not the same contract you wanted, and therefore you would suggest there is no contract. But on the opposite side, the Resturant would strongly said that the contract is enforceable since it did not make the contract fundamentely different, it is still a contract for food and dinner, but only without the dish X.
This is simular to a hiring a taxi, the reason for hiring taxi is to watch a match in a stadium, but the match is cancel, the taxi arrived, the taxi would not care what purpose did you call them for, so the contract on hiring taxi could possibly perform.
There are 3 type of Consideration, the first is both side perform their promise, the contract must be sufficient but need not to be adequet, and the third, intent to give legal relative to make contract alive (correct me if wrong), but anyway, I did not see the consideration (Correct me if wrong, please)
Again, offer must be communicated before accept, your request on reservation could be your communicated offer to the resturant.
In shopping for goods, you can talk about giving offer to a practicular item for sells, until or unless the offer was accepted (effectively communicated) there will be a contract.
The special dish X become unavaliable will have 2 side. First, on your side, the contract become a fundamentally different contract, you will strongly said that the contract is not the same contract you wanted, and therefore you would suggest there is no contract. But on the opposite side, the Resturant would strongly said that the contract is enforceable since it did not make the contract fundamentely different, it is still a contract for food and dinner, but only without the dish X.
This is simular to a hiring a taxi, the reason for hiring taxi is to watch a match in a stadium, but the match is cancel, the taxi arrived, the taxi would not care what purpose did you call them for, so the contract on hiring taxi could possibly perform.
There are 3 type of Consideration, the first is both side perform their promise, the contract must be sufficient but need not to be adequet, and the third, intent to give legal relative to make contract alive (correct me if wrong), but anyway, I did not see the consideration (Correct me if wrong, please)
Again, offer must be communicated before accept, your request on reservation could be your communicated offer to the resturant.
參考: 個人意見
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