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Full script provided with all relevant cases relating to offer and acceptance, invitations to treat and the postal rule.
Script from a GDL graduate with Distinction.
Good afternoon, may it please your lordship/lordship/lord/ladyship, my name is [ xx ]
and I appear on behalf of the appellant, [ xx ]. My learned friend beside me [ xx ] appears
on behalf of the respondent, [ xx ]. Is your lordship/ladyship familiar with the facts of
this case?
Facts of the case:
The respondent, [ xx ], placed an advertisement for an [ xx ] in the classified section of
a newspaper on the [ date ] for [ xx ]. She included her address and mobile number as
her contact details. On [ date ], the appellant [ xx ], posted a letter of reply stating “[ xx
]”. However, on [ date ] the appellant posted a second letter to the respondent stating
“[ xx ]” The respondent received the appellant’s first letter on [ date ] and later that
afternoon sold the antique clock for [ xx ] to [ xx ], a third party, who called her on her
telephone. The respondent received the second letter on the [ xx ] and wrote to the
appellant stating she had already sold the [ xx ]. The appellant therefore sued the
respondent for breach of contract, however His Honour Judge [ xx ] dismissed the claim
on the grounds that the advertisement was an invitation to treat and even if it was to be
construed as an offer, the appellant’s first letter of response constituted a counter offer
which terminated the original offer. The appellant now seeks to overturn His Honour
Judge [ xx ]’s judgement by appealing to the Court of Appeal.
INTRODUCTION
On behalf of the appellant your lordship/ladyship, I wish to provide two grounds of
appeal but the main intention of the appellant is to overturn the judgement of His
, Honour Judge [ xx ]. My first ground of appeal is that the advertisement in question
constituted an offer for sale that was capable of immediate acceptance, not an invitation
to treat as the respondents are contending. The first submission I will be presenting is
that the requirements of a unilateral offer are met by the advertisement in this case. And
secondly, that the appellant completed the performance specified by the advertisement
in being the ‘first person to respond’. For my second ground of appeal my lord /lady, I
will be addressing the fact that the appellant’s acceptance was communicated
effectively and reasonably. My first submission is that the initial letter sent by the
appellant on [ date ] is merely a request for further information and the facts should be
distinguished from that of Hyde and Wrench. Secondly, I will be addressing that the
letter sent on [ date ] constituted a valid acceptance and that using the postal system
was a reasonable method of communication by the appellant.
May I begin with my first ground of appeal my lord/lady?
FIRST GROUND
My first ground of appeal on behalf of the appellant is that the advertisement in question
amounts to an offer for sale rather.
SUBMISSION 1
My first submission is that although the general rule in English law is that
advertisements are held to be invitations to treat, there are some instances where the
courts have construed advertisements as in fact being offers for sale. If the courts can
identify there is a clear display of contractual intent within the advertisement, then there
is nothing preventing it from being held as an offer. Although there have been few cases
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