Is There a Binding Contract between Mary and Ruby Free Essay Example, 1250 words

In Partridge v Crittenden, an advertisement had been placed in a magazine by the defendant. It stated that there were bramble finches for sale. The sale of these birds was an offence under the provisions of Section 6 of the Protection of Birds Act 1954. Thereafter, the defendant was convicted for this offence, which he appealed. The appellate court set aside the conviction, on the grounds that the advertisement was nothing more than an invitation to treat, and not an offer. Similarly, in our problem, Mary had placed an advertisement in a magazine, regarding the sale of the antique bakery cutters. This advertisement was merely an invitation to treat, as per the ruling in the above case. Consequently, the advertisement placed by Mary does not constitute an offer. Nevertheless, when the advertisement can be construed to contain an offer, any individual who accepts it will be entitled to a claim. This was the ruling in Carlill v Carbolic Smoke Ball Company. In Warlow v Harrison, the adv ertisement stated that an auction would be held without reserve. The court held that these terms of the auctioneer constituted an independent personal offer to the highest bidder in the auction. We will write a custom essay sample on Is There a Binding Contract between Mary and Ruby or any topic specifically for you Only $17.96 $11.86/page