Contract law question

2011-09-20 9:15 am
Please help me!!Can you answer in form of the essay-typed question?? And also , would you give me the details about organization of answering these two question ??? Also , I would like to ask what 'Advice' means .

Question I Alice picks up an English dictionary marked “$199” in a bookstore and tenders it to the cashier who says the price tag is erroneous and the true price is $399. Advise Alice. Question 2 In Spencer v. Harding, it was held that the invitation to bid in that case was not an offer. But why was the defendant in Blackpool and Fylde . Blackpool Borough Council held to be in breach of contact?
更新1:

in question 2 , the last word is contract , but not contact

更新2:

the things required to answer these questions Please help me!!Can you answer in form of the essay-typed question?? And also , would you give me the details about organization of answering these questions ??? list out identification of issues, reasoning, expression, and overall structure.

更新3:

advice Alice = i need to help Alice to win the case????

更新4:

how to deduce the conclusion from this case? conclusion means?

更新5:

for your ps question , if the cashier claims that he/ she has accepted the offer , cashier agrees to sell english dictionary for199 to Alice (offer) , in this case , cashier is offeror and Alice is offeree , once Alice agree to accept , there is an legal agreement between Alice and cashier .is it?

回答 (1)

2011-09-20 10:36 am
✔ 最佳答案
Well. to be honest, I won't help u complete the assignment but I can give u some ideas.

Advise sb just means u are pretending to be Alice's lawer, Analyze all possible situations and give possible solutions for that.
Question I Alice picks up an English dictionary marked “$199” in a bookstore and tenders it to the cashier who says the price tag is erroneous and the true price is $399. Advise Alice.

1.Self-service shop is always invitation to treat
2.Offerer(Alice) presents the Eng Dictionary to the Cashier(Offeree)
3.Cashier doesn't accept the offer from the conversation shown above
2.The cashier reminds Alice the price is wrongly labelled
5. No contract exist at this moment
P.S What if the cashier claims that he/ she has accepted the offer?


Question 2 In Spencer v. Harding, it was held that the invitation to bid in that case was not an offer. But why was the defendant in Blackpool and Fylde . Blackpool Borough Council held to be in breach of contact?
Oh, come on, I won't read thie case, at least , u cite the abstract for me. But I think you need to know the pricinples in Spencer's case can only be appled to the auctions which have minimum price that must be reached before the offer is accepted. In this case,we call "reserved" auction sale. I think in Fylde's case the auction sale should be "without reserved".

2011-09-20 02:41:36 補充:
Remember to cite authorities to support your argument

2011-09-20 22:22:20 補充:
No, you are not the judge. You just need to tell her the issues about the case, her situations and possible solutions for that from the information given, applying the principles you have learned during the lectures to deduce possible conclusions.

2011-09-24 02:00:18 補充:
No, in this case if the cashier (still offeree) accepts the offer, Alice should only pay 199 for the Dictionary ( likely to be), if the cashier demands that Alice should pay 399 instead of 199, you should be able to apply the principle of counter offer.

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