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HELP!! advertisement-claim
William is the President of a mountain climbing association situated in Kuantan. To encourage and promote the sport of mountain climbing in Kuantan, he inserted an advertisement in the local newspapers dated 15th April 2009. In it, he promised that he would pay a sum of RM 3,000 to the first person who reaches the summit of Mount Kuantan on 1st May 2009. On the day of the race, the competitors gathered in the morning at the foot of Mount Kuantan. The race began at 8.00 a.m. Kenneth was the first person to reach the summit. Thereafter, he approached William to claim the winning price of RM 3,000 but William refused to pay him stating that it was merely an advertisement and that there was also no acceptance of participation from Kenneth.
-Advise Kenneth.
-if William had used a loudspeaker to inform the climbers that the mountain climbing event is cancelled after the climbers had already started climbing the mountain?
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Newspaper adverts are generally invitations to treat as oppose tpo an offer see Partridge v Crittenden However, adverts offering a reward often represent an offer of a unilateral contract see carlill v Carbolic Smoke ball co.. In such contracts there is no obligation to communicate an intention to accept since acceptance is through performing the condition.
It is questionable whether an offer of a unilateral contract can be revoked once performance has started see Errington v Errington
Dahlia v Fourmill Bank
See further here:
http://www.e-lawresources.co.uk/Offe...acceptance.php
Last edited by Jess89; 12-07-09 at 12:12.
:) For an informative website for studying law visit www.e-lawresources.co.uk
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