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Author Topic: help needed...plz  (Read 1530 times)

Jasleen

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help needed...plz
« on: April 25, 2002, 01:58:19 AM »
Here goes the quetion......
Xenon retails telecommunication appliances. In order to launch a new product, he advertised a Grand Summer sale in a local newspaper as follows:
‘Grand Summer Sale: Super Sellphones at Giveaway prices. To be sold only at $50 to the first 10 customers who reply enclosing a cheque for $50.’

The day after the advertisement had been published, Yoyo posted a letter to Xenon, enclosing $50 in cash.  Yoyo was one of the first 10 customers to respond to the advertisement. Meanwhile, Xenon had discovered that he was unable to obtain ten of the Super Sellphones because of a fire at his supplier’s warehouse. Accordingly Xenon published a further advertisement in the same newspaper for the following day announcing that the Grand Summer Sale was cancelled and that the special offer on Super Sellphones was no longer available. Two days later, Yoyo’s letter that had been delayed in the post, was delivered at Xenon’s address. Xenon now refuses to supply Yoyo with a Super Sellphone.

Now me as the plaintiff need to fight on this case and win it. I asked to use the contract law to win this case.Please help me.Thank You

hilsey

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Re: help needed...plz
« Reply #1 on: April 30, 2002, 06:41:46 AM »
I am a first year law student studying independantly, and am in the first simester, without a clue. I am having difficulty with what to do with case law. How many cases can I read???? Any suggestions on the best way to study torts, contracts, learning the law,criminal law, law school exam writing all at once with massive case law??? HELPME>

buggirl92002

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Re: help needed...plz
« Reply #2 on: April 28, 2004, 03:39:00 PM »
It's been a looong time since Contracts but here are my thoughts: 1. This is about offer and accpetance. Was an offer made that was subsequently accepted before it was revoked? Typically a newspaper advertisement is not considered an "offer" BUT when a store lists a finite number of items (in this case responses) and references specific merchandise as this store did, I THINK it constitutes an exception to the rule. I think the store is obligated to keep the offer open until the merchandise is truly gone. No other reason for failing to perform is acceptable. Assuming the store's ad is an "offer," the mailed $ constitutes acceptance after it is mailed. I think the date of acceptance of the offer by the customer is the date the $ was mailed, not received, based on the "mail box rule." That's the best I can do for now. Good luck.

Rachel

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Re: help needed...plz
« Reply #3 on: June 22, 2004, 03:03:35 PM »
It's been a long time for me too since contracts, but I fuzzily remember my prof saying "the offeror is king of the offer" meaning the person making the offer is the one who sets the term,  the advertisment stated that the interested party must send a cheque for 50 dollars.

The offeree sent 50 in cash.  If memory serves me correctly then that was not a valid acceptance.  But I could be wrong.  OOH, I always loved contracts

Rachel