Regulation of Information and Advertising - Doc
Added on 2020-03-23
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1Cover pageName of the studentStudentIDword count1
2ContentsSolution 1 (A).............................................................................................................................3Issue........................................................................................................................................3Rule.........................................................................................................................................3Application.............................................................................................................................4Conclusion..............................................................................................................................5References..............................................................................................................................6Answer 1 (B)..............................................................................................................................7Issue........................................................................................................................................7Rule.........................................................................................................................................7Application.............................................................................................................................7Conclusion..............................................................................................................................8Reference List.........................................................................................................................9Solution 2.................................................................................................................................10Introduction..............................................................................................................................10Advertisements – Rules and Regulations.................................................................................10Observation..............................................................................................................................11Conclusion................................................................................................................................11Reference List.......................................................................................................................12Reference List..........................................................................................................................132
3Solution 1 (A)Issue Whether the parties, Mary and Lianne, had entered into a contract with one another? Rule The prime elements that together results in any contract formation amid two parties areagreement (offer and acceptance), intention, capacity and consideration.1An offeror makes an offer to an offeree. An offer is the terms and conditions which arecommunicated by an offeror and which he desires to be carried on by the offeree as per theexpectations of the offeror2. An offer when comes in the notion of the offeree is considered tobe complete in law3. If the offeror in any case, wants to revoke his offer, then, the same is possible, provided, theofferee has not given his consent. No revocation of offer is possible after the acceptance of anoffer4. One of the methods of revocation of offer is when the offeror gave specific durationfor acceptance but no acceptance is made then the offer is automatically revoked5.Now, it is thus now important to understand the second element of contract, that is,acceptance.An acceptance is the approval which is given by the offeree to the offeror made by anofferor6. An acceptance is the offeree conformation to offer terms in whatever manner (oral,written, conduct) but silence is not construed as an acceptance in law7.If the offeree gave his approval to the proposal of the offeror but includes some of his ownterms then it cancels the acceptance and is counter offer8. A counter offer terminates the offerand is regarded as new offer in law9.It is now important to mention that when one party only provides some kind of information toanother party on the request then it is not an offer or acceptance in law and is only regardedas ‘requests’10Now, if any person does not intend to make an offer but desires to receive offers then he cando so by inviting people. Invitation can be made in the form of display of goods,advertisements11, tenders, auctions, etc. This act of inviting offers is called invitation to1Peter Gillies, Concise Contract Law, (Federation Press, 1988).2Carlill v Carbolic Smoke Ball Co[1893] 1 QB 256.3Tinn v Hoffman & Co. [1873] 29 LT 271.4Goldsbrouagh Mort & Co Ltd v Quinn (1910).5Ramsgate Victoria Hotel Co v Montefiore (1866).6Powell v Lee (1908).7R v Clarke (1927); Felthouse v Bindley (1862).8Turner Kempson v Camm [1932].9Hyde v Wrench (1840); Masters v Cameron (1954).10Harvey v Facey (1893).11Carlill v Carbolic Smoke Ball Co (1893).3
4treat12. The inviter receives offer and he acts like an offeree and once an approval is given tothe offer, then, a contract is said to exist amid the parties. In Fisher v Bell13, an advertisementis held to an invitation to treat. There are several cases wherein advertisements are consideredto be invitations14.Further, if the offeree intends to cancel his acceptance, then, it is very necessary that the samemust be done before the acceptance reaches in the knowledge of the offeror15. Now, anacceptance comes in the knowledge of the offeror when it is reaches the offeror16. But, whenthe acceptance is made with the help of post then the acceptance is said to be reached withinthe knowledge of the offeror there and then, that is, when the letter is posted17. But, the situation is different when the acceptance is made with the help of emails. Whenemails are exchanged then the problem lies as when the communication of acceptance isdeem to complete, that is, when the email is sent, when it reaches the drop box of the offeroror when the email is read by the offeror. The controversy is settled and it is submitted that theacceptance when made by email and an email address is provided by offeror then it iscomplete when the mail reaches the offeror regardless of the fact whether the same is read byhim or not18. Now, the above legal rules are applied to the given factual study. Application The two parties that are involved in the given case study are Lianne and Mary. Lianne is a property developer. She wants to throw a party in order to treat her friends andthus requires a party professional organizer. She finds an advertisement which is issue by Mary.Now, since an advertisement is issued by Mary, then, it is first necessary to understand thenature of an advertisement.Now, when an advertisement is issued then it is an invitation as rightly held in Fisher v Bell.The advertiser is at the position of an offeree.19Thus, Mary is the advertiser and thus she is an offeree in the given situation. So, she mustreceive offers from the interested parties.12Pharmaceutical Society of Great Britain V Boots Cash Chemists ( Southern) Ltd (1953); 13Fisher v Bell[1961] 1 QB 394.14Grainger v Gough [1896];Partridge v Crittenden [1968].15Byrne v Van Tienhoven & Co (1880) .16Entores Ltd v Miles Far East Corporation (1955).17Adams v Lindsell (1818) 18Vantage Systems Pty Ltd v Priolo Corporation Pty Ltd[2015]; Stellard Pty Ltd v North Queensland Fuel Pty Ltd[2015] QSC 119.19Fisher V Bell (1961) . 4
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