The Matrix Of Contract Law And Authority - 1469 Words

Introduction This paper analyses the stated fact pattern against the matrix of contract law with a view to answering the two specific questions posed. The questions both concern issues of contract formation. Pertinent case law and authority is applied in de constructing the scenarios and forming sound conclusions. I. Does Betty have an enforceable contract against QUES (Station)? It stands to reason that one of the formal components of any enforceable contract is a valid offer. It is submitted that Station made such an offer when it advertised that anyone who caught Big Bertha on hook and line and presented it to Station would be entitled to a $5,000 cash prize. It is settled law that competent offers may be made not only to a specific†¦show more content†¦In these cases general offers were made to the world at large by means of advertisement , which were deemed accepted to create binding contracts by individuals who fulfilled the terms of those advertisements . The offer made and promulgated by Station is essentially a very simple one: 1. The fish, Big Bertha must be caught by hook and line. 2. The fish must thereafter be presented to Station. Leaving all peripheral circumstances aside, Betty has manifestly fulfilled these terms. Station s reason for refusing to pay Betty, because she had not actually participated in the contest but was merely on a social outing when she caught Big Bertha, is materially irrelevant. The original offer contained no stipulation, whether express or implied, concerning the need to engage in formal participation, or concerning the need to in some way register participation (or formally accept the offer). As in Carlill, it is submitted that performance of the terms of the offer will be deemed to constitute its legal acceptance (a rule of policy flowing from Williams v Carwardine (1833) ). Station has only itself to blame, if it wished to run the competition under more specific and formal terms regarding entry and participation, it need only have specified those terms ab initio in its advertisements. Summary On the facts presented, it is accordingly advised that Betty will be able to enforce Station s promise to pay $5000. II. Does Betty have an enforceable contract