Question
Bro: Logoplat Ltd design plates. Ten thousand dining plates with a 'Le Chat Noir' design on the side have been produced. On 1 May at
Bro: Logoplat Ltd design plates. Ten thousand dining plates with a 'Le Chat Noir' design on the
side have been produced. On 1 May at 9.00 a.m. Logoplat Ltd post a note on their website
indicating that 'Le Chat Noir' plates are for sale at a price of 1.00 per plate.
Sebastian, owner of Le Chat Noir restaurant, sees the advertisement. He emails Logoplat
Ltd at 10.00 a.m. on 1 May asking to have 500 of the plates at 1.00 per plate or 2,000 at
50p per plate. Logoplat Ltd reply at 10.05 a.m. saying that they will sell 2,000 at 70p per
plate. Sebastian drafts an email at 11.30 a.m. confirming the order for 2,000 plates at 70p.
When he presses 'send' he is not connected to the internet. As a result his email is stored in
his outbox and sent the following morning, 2 May, at 10.30.
The Black Swan Brewery Ltd wants the whole consignment of plates for the launch of their
new 'Le Chat Noir' beer. They send a van to the premises of Logoplat Ltd with enough cash
to pay at 1 per plate. The van arrives at 4.00 p.m. on 1 May and the plates are loaded and
sent on their way by 4.30 p.m. At 4.54 p.m. Logoplat Ltd email Sebastian withdrawing their
offer. Sebastian reads the email at 10.30 a.m. on 2 May when he logs back onto the internet.
Advise Logoplat Ltd as Sebastian is claiming that the rules on offer and acceptance mean
that an enforceable contract was formed with him prior to the plates being sold to the Black
Swan Brewery Ltd.
[07/11, 21:42] Bro: Question 2
Discuss the continued application of the postal rule in today's commercial environment, with
particular reference as to why new technologies such as email should be considered an
instantaneous means of communication when determining whether acceptance has been
effectively communicated.
[07/11, 21:43] Bro: Question 3
Film Buff Stores has put the following notice in its shop window:
Free to the first 10 individual purchasers of the new Monsters from Mars DVD,
autographed filmset photographs of its star Jimmy De Roi. Available from Monday
morning at 9.00 a.m.
On Sunday night, Victor, the owner of Film Buff Stores hears of Jimmy De Roi's death.
Realising the photos may be now quite valuable, he calls Karl and Maya, two dealers in film
memorabilia to ascertain whether they would be interested in purchasing five signed photos
each for 1,000. Maya says she wants to think about it and will call him in the morning. Karl
is not in so Victor leaves a voicemail saying that if he doesn't hear from him he will
presume that Karl has accepted his offer.
Maya calls Victor in the morning at 6.30 a.m. saying that she accepts Victor's offer. Victor
inadvertently deletes the message without ascertaining who it was from. At 9.10 a.m. Victor
remembers to take the notice down concerning the photographs.
Simon has been waiting outside the store since 5.00 a.m. to ensure he is one of the first to
purchase the DVD. At 9.01 a.m. the shop assistant sells Simon the DVD but refuses to give
him the free photo as she has been told, by Victor, that the offer has been withdrawn.
Karl arrives at Film Buff Stores at 10.15 a.m. to collect his five signed photographs.
Discuss with whom, if anyone, Victor has formed a contract as regards the Jimmy De Roi
photographs.
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