Mooting Essay Example | Topics and Well Written Essays - 500 words

Mooting - Essay Example right position by upholding that an advertisement is an invitation to treat and not an offer, therefore there was neither an offer nor contract between the respondent and the appellant. In proving this the respondent will rely on the literal rule of the statute. 2. The respondent submits that the advert which was placed on the 4th November was just an invitation to treat. We further submit that the judge is expected to at first instance apply the literal rule of the statute before considering anything else.1 Thus we submit that as held in partridge,2 an advert amount to an invitation to treat and not an offer.3 4. We submit that though it’s possible to make an offer to the world (unilateral offer), the facts of this particular case are very different from those of Carlill v Carbolic smoke ball case,5 since in the Carlill case the respondent company had deposited $1,000 in the Alliance Bank to show their commitment and in which it can be inferred their intention to be bound by, upon acceptance, but in this case, the Respondent did not show in any way either express or implied intention to be bound by the advert upon acceptance thus it can only be concluded to be an invitation to treat and not an offer. 5. Furthermore, the respondent submits that the Appellant did not communicate upon acceptance as it’s the general the rule of requirement that the offeree must communicate to the offeror upon acceptance to effect the contract formation.6 Also, the appellant cannot claim that their conduct amount to an acceptance,7 since the need to communicate acceptance is only waived when the other party does not object to the conduct of the appellant. But in this case the respondent objected to the appellant conduct long before even the stall was opened,8 and even upon opening the stall their objected to his