Having lived in Nottingham for nearly 20 years after their marriage, Amber and Harry decided to relocate to Brighton, where they could enjoy more sunny days. Since they did not want to take all of their belongings with them, they put several items on sale. Amber placed the following advertisement in the local newspaper:

"Huge bargain! Three sets of decorativeWedgwood mugs, never used. Full price was 30 each set, now selling only for 10 each set! Will sell to first three people notifying me of their intention to purchase by 2pmFriday 13th August. Letters by post only to the address specified below."

David, a private collector, saw the advert and on Monday 9th August posted a letter toAmber stating: "I would like to buy two sets for 15. Will you agree to sell?".

Anna, a student at Nottingham Trent University, saw an advert in the newspaper and on Tuesday 10th August posted a letter to Amber accepting the offer and enclosing a 10 note. Unfortunately, she omitted to include the postcode and the letter did not arrive until Monday 16th August.

Cedrick, who lived next door to Amber and Harry, saw an advertisement in the local newspaper on Wednesday 11th August. Since he knew the couple, he decided to pay a visit to their house and arrange for the purchase of the sets. No one answered when he rang a bell at their place, so Cedrick decided that the couple must be out shopping. Therefore, he left a note agreeing to purchase one set of the mugs, putting it through a letter box. Unfortunately, his note landed on a highly polished hall floor and slid under a nearby chair where it lay unseen by Amber and Harry until Sunday 15th August. At 9.00am on Friday 13th August, Cedrick saw Harry at the market and asked about the decorative mugs that Amber had put on sale. Harry told Cedrick that the offer was no longer valid as the previous night his wife had broken all three sets when trying to move them from a high shelf in their cupboard.

Question 1

Which statement best describes the status of Amber's advertisement:

1. A)The advertisement must be an invitation to treat following the case ofPartridge v
2. Crittenden.
3. B)The advertisement may be an offer as the advertisement limits the number of Wedgwood mug sets available to just three, thereby removing the problem of multiple acceptances.
4. C)The advertisement may be an offer for sale as the wording of the advertisement displays an intention to be bound with the first three people who accept the offer, thereby removing the problem of multiple acceptances.
5. D)The advertisement may be presumed to be an offer for sale as its wording indicates that Amber has waived her right to pick and choose her customers and has an intention to be bound with the first three people to notify their intention to purchase, thereby removing the problem of multiple acceptances.

Question 2

If the advertisement is an offer, which statement best explains the legal position in relationto David's letter:

1. A)His letter may constitute a request for information, which is not an acceptance.
2. B)David's letter displays a clear intention to be bound by the terms of Amber's offer,which is indicative of his acceptance of the offer.
3. C)His response is a counter-offer, which destroys Amber's original offer.
4. D)David's response does not display an intention to be unequivocally bound by theterms of the offer.

Question 3

If the advertisement is an offer for sale, which statement best describes the legal position in relation to Anna's acceptance:

1. A)Her acceptance will be effective when it enters the postal system on 10th August.
2. B)Her acceptance is not valid as she cannot accept by post due to the incorrectly addressed letter of acceptance.
3. C)Postal acceptances provide an exception to the general rule that acceptances need to be communicated to be effective. Her acceptance will be effective when it enters the postal system on 10th August.
4. D)Her acceptance may be regarded as taking effect only on Monday 16th August, as by omitting the postcode Anna is responsible for the delay in her acceptance being communicated.

Question 4

If the advertisement is an offer for sale, which statement best describes the legalposition in relation to Cedrick's note:

1. A)His note will not be treated as having been communicated until it was actually read by Amber on 15th August.
2. B)The fact that the note lay unseen may be treated as the fault of Amber since it was her responsibility to ensure the prompt handling of such messages and so the note would be treated as being communicated when it could reasonably have been expected to be read by Amber upon her return home on 11th August.
3. C)Having regard to the intentions of the parties, his note is unlikely to be treated as valid acceptance as Amber has specifically indicated that only letters by post would be the prescribed method of acceptance of her offer.
4. D)Given that Cedrick could communicate his acceptance by a swifter method than posting a letter, it may be possible that his note will constitute a valid acceptance, which will be treated as being communicated when it could reasonably have been expected to be read by Amber upon her return home on 11th August.

Each question has FOUR possible solutions. Select the single response that represents the best answer to question set. Identify your selection for each question by writing the Question Number and the letter of the answer you have selected for that question (A, B, C, D).