一個 law 既長問題 ... 功課 , 幫幫手

Mr.Wong loses hit wallet on Monday. He has the following advertisement in a newspaper to be publishes on Wednesday:

"Lost black wallet thit my Hong Kong identity caed and address inside. Reward $10,000. Mr.Wong."

On tuesday, Carrie picks up a wallet in the street. She reads the dentity card and address. She realizes the wallet belongs to Mr.Wong. She gives back wallet to Mr.Wong. Mr.Wong thanks her but he does not give her any reward.

On Wednesday, Carrie sees the advertisement in the newspaper

Questions :

A: Is the advertisement in the newspaper an offer or an invitation to treat?(40 marks)

B: Can Carrie claim the reward?(24 marks)

C: Would your answer to part (B) be different of Carrie gives back the wallet to Mr.Wong on Wednesday afer reading the newspaper, Mr.Wong tells Carrie the true amount in the advertisement should be $1,000? (12 marks)

請用英文答 ... thank , 20分

3 Answers

Rating
  • 1 decade ago
    Favorite Answer

    I will answer it in brief, you should look at the case and matteral avaliable in your law textbook.

    A: Invitation to Treat, Advertisment is like shopping goods on window, once you accept it you place it in your troll and pay at the counter, Like Fisher v Beller, the gun on the display is merely invitation to treat. Offer must be communicated before acceptance. This mean when there is no communication reached and acceptance, there is no contract at all. The Carbolic Smoke Ball Company Case has also demonstrate the concept.

    B: No, the fact that he pick up the wallet and return the wallet has no state of mind about the reward at all. Unless there are proof he knew the wallet has reward on return, only then he is entitle to the reward.

    C: Yes, since Carrie knew the contract. The Contract in Mind is a different one to what Mr. Wong thinking, but even so, If this will bring to Court, Court do not happy with helping stupid people by making mistake like that and would allow the contract claim.

    2008-04-22 17:35:32 補充:

    Smoke Ball 係offer o既原因係 公司將作為賠償的錢放入銀行,Court認為該公司此舉是公司將該廣告視為非常認真及有意要達成該Contract的行為。在報紙上的廣告並無人因為甚麼事要理行自己的承諾,所以因此是Invitation to Treat。

  • 1 decade ago

    唔係offer ???

    carlill v carbolic smoke ball co個case都係offer....

  • 1 decade ago

    師兄, 自己做吓功課試吓答啦. 吓吓請槍, 對你學業無益!

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