Lost and Found (1)

Lost and Found (1)

Lost & Found through Advertisement -

In accordance with contract law, to constitute a contract, there must be an offer made by a person to another one and an acceptance of that offer by the person to whom it is made.

Normally, advertisement, catelog are not offers but invitation to treat, which is an invitation to make an offer and incapable of being accepted.

Nevertheless, in certain circumstances, there could be exception and an advertisement can be an offer, a well-known example being the case of Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256. The company in the said case had effectively made an offer to the whole world and were contractually obliged to pay to the person who had accepted it by performing the requested acts.

Therefore, advertiser has effectively made an offer to the whole world and the offer remained valid without any cancellation by herself through same means of advertisment.

The next step would be to see if other's act satisfied the test of acceptance. Normally, offer needed to be accepted by giving a reply to the offeror but as stated above, offer can be accepted by conduct. The contract between advertiser and the people consituted was of a kind known as a unilateral contract.

Therefore, in conclusion, anyone) who came forward and had performed what was required in the advertisment had actually performed the contract.

Lost & Found through Advertisement -

In accordance with contract law, to constitute a contract, there must be an offer made by a person to another one and an acceptance of that offer by the person to whom it is made.

Normally, advertisement, catelog are not offers but invitation to treat, which is an invitation to make an offer and incapable of being accepted.

Nevertheless, in certain circumstances, there could be exception and an advertisement can be an offer, a well-known example being the case of Carlill v Carbolic Smoke Ball Company [1893] 1 QB 256. The company in the...

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