legal foundation skeleton
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legal foundationTRANSCRIPT
In the Court of Appeal:Baz AppellantvApple J (I am not sure what is this Apple J) and Donna Respondent_________________________Respondents Skeleton Argument
Ground 1:1. There are exceptions to the general rule that an advertisement is an invitation to treat.
Lefkowitz v Great Minneapolis Surplus Store (1957) 86 NW2d 689, USA
2. An advertisement constitutes an offer and not invitation to treat when it is clear, explicit and leaves nothing open for negotiation. (as long as its clear and explicit , its an offer ) First come first serve basis opens no room for negotiation
Lefkowitz v Great Minneapolis Surplus Store (1957) 86 NW2d 689, USAHarvey v Facey [1893] AC 552
3. The intention of the parties is assessed objectively and a reasonable person in the position of the defendant would believe that he intended to make an offer. Assessed objectively: people who read the advertisement see the offer word would mean and offer.
Carlill v. Carbolic Smoke Ball Co. [1893] Q.B. 256 (C.A.)
Ground 2: 1. The offeror is free to withdraw the offer at any time before acceptance takes place Dickinson v Dodds (1876) 2 Ch D 4632. The offer was not revoked successfully because the change of the price was not brought to the attention of the offeree in the same way the offer has been made. Shuey v. United States. 92 U.S. 73.3. The offer has not been terminated by any other means.
The Respondent submits that the appeal be denied.