Problem Analysis Contract Law

An offer must be firm and demonstrate clear intent, whereas an acceptance must accept the term of the offer unqualifiedly. It should be noted that in the usual case, communication of acceptance and consideration are also essential to constitute a valid acceptance. If all elements are found to exist, the contract will be complete, and Lain will be bound to fulfill his promise. Offer The first issue to address is whether an offer exists. Lain would presumably argue that his statement was merely a puff and lacked intention to be acted upon as he announced it impulsively under the influence of alcohol, and the offer does not give him any benefit.

This is, however, a weak argument. The general rule is that the intention of the parties should be assessed objectively, as in Smith v Hughes (1871) LORD 6 CB 597 where Blackburn] stated that the promises conduct should be considered in a way that appears to a reasonable man. The phrase “would pay El 0,000” exhibits both certainty and intention, because it has stated the exact amount of reward and the wordings shows immediate readiness to be bound. His claim is particularly convincing given his wealth. A reasonable man would therefore believe that Lain did intend to pay the reward if the stated condition was fulfilled.

Similar to Williams v Cowardice (1833) 5 Car & P 566, there is only a promise made by one party. Lanai’s statement appears to represent a unilateral offer that would be converted into a binding contract once the required act has been performed. This would be further discussed in the following. Acceptance In unilateral contracts, performance of the stipulated act constitutes the acceptance of offer (Cargill v carbonic smoke gall co. [1893] 1 CB 256 (CA)). Both crews have performed the act of “crossing the finish line” ahead of Lanai’s yacht.

However, it is highlighted that the current case differs from Cargill v Carbonic Smoke Ball Co. In that it is arguable whether or not anyone who has completed the performance can claim the reward. On one hand, it can be said that since Lanai’s offer does not state any conditions, crossing the finishing line is sufficient in itself. This argument is, however, suggesting that any random yacht that happens to cross the finish line by incident is also entitled to the reward, which makes little sense. The court is more likely to accept that only qualified competitors who crossed the knish line ahead of Lanai’s yacht should be considered.

This is indeed supported by the fact that the crew of ” Moon Amour” joined the competition upon knowing the offer. It shows that the offered also understands that being a qualified competitor is a prerequisite. By entering the race, both crews have agreed to the Race Rules and therefore, they should be bound by such rules. In Clarke v Dungaree [1 897] AC 59, the court stated that when the party understands that the race is to be run under a particular set of regulations, and that he deliberately enter for the race upon those terms, he is bound by such rules.

Whilst the crew of “Bell Raider’, being a qualified competitor, had fulfilled the conditions of Lanai’s offer, since the French crew was not officially recognized by the race officials due to a breach of the Race Rules, it can hardly be said that the latter has validly accepted Lanai’s offer. Communication of acceptance Whilst communication of acceptance is needed in the usual case, in unilateral contract, the offer showed by his language and from the nature of the contract that he waived the need to communicate (Cargill v Carbonic Smoke Ball Co. ).

Whether Lain received notice of the performance is irrelevant to the matter at hand. Consideration The agreement has to be supported by consideration in a legally enforceable contract. To determine if there is consideration, it brings up the debate of whether reliance is essential. Lord Dunedin, in Dunlop Pneumatic Tree Co. Ltd v Selfridges & Co. Ltd [191 5] AC 847, 855 defined consideration as “an act or forbearance of one party, or the promise thereof, is the price for which the promise of the other is brought, and the promise thus given for value is enforceable”.

Following his definition, obviously, both crews’ act Of crossing the finish line, in return for the reward, is treated as good consideration. The answer would be less certain if reliance is required. In the book The Law of Contract, Triple asserts that an act or forbearance would not be consideration “where the promises would have accomplished the act or forbearance anyway”. This view was supported by R v Clarke (1927) 40 CLC 227, where the court held that the claimant could not recover the reward because his concern was not the reward when he gave the information.

In other words, the claimant had not “act in reliance upon” the offer. It is a matter of debate if this prevailing view is in fact erroneous, as argued by Paul Mitchell and John Philips in “Is reliance essential? ” , but this is not the current concern. Assuming that this general view is still correct, the French crew’s acceptance was clearly motivated by the offer as they did not intend to participate in the race until Lain ‘s announcement. But in the case of “Bell Raider”, there is insufficient information to tell if their crew did act in reliance to the offer.

There may be three different situations depends on the facts. Firstly, if the situation is identical to that of the French crew, they act in reliance to the offer for the same reason. Secondly, if evidence shows that “Bell Raider will join and win the match even without Lanai’s offer, their performance cannot be regarded as consideration as there is no reliance. Thirdly, if “Bell Raider” will join the match but not necessarily reach the destination ahead of Lanai’s yacht, it can still be argued that the reward motivated the crew to outperform themselves and thus, there is reliance.

Calculate the price
Make an order in advance and get the best price
Pages (550 words)
*Price with a welcome 15% discount applied.
Pro tip: If you want to save more money and pay the lowest price, you need to set a more extended deadline.
We know how difficult it is to be a student these days. That's why our prices are one of the most affordable on the market, and there are no hidden fees.

Instead, we offer bonuses, discounts, and free services to make your experience outstanding.
How it works
Receive a 100% original paper that will pass Turnitin from a top essay writing service
step 1
Upload your instructions
Fill out the order form and provide paper details. You can even attach screenshots or add additional instructions later. If something is not clear or missing, the writer will contact you for clarification.
Pro service tips
How to get the most out of your experience with MyStudyWriters
One writer throughout the entire course
If you like the writer, you can hire them again. Just copy & paste their ID on the order form ("Preferred Writer's ID" field). This way, your vocabulary will be uniform, and the writer will be aware of your needs.
The same paper from different writers
You can order essay or any other work from two different writers to choose the best one or give another version to a friend. This can be done through the add-on "Same paper from another writer."
Copy of sources used by the writer
Our college essay writers work with ScienceDirect and other databases. They can send you articles or materials used in PDF or through screenshots. Just tick the "Copy of sources" field on the order form.
See why 20k+ students have chosen us as their sole writing assistance provider
Check out the latest reviews and opinions submitted by real customers worldwide and make an informed decision.
Business and administrative studies
Excellent work ,always done early
Customer 452773, February 21st, 2023
Business and administrative studies
excellent job! got an A, thank you
Customer 452773, May 24th, 2023
Business and administrative studies
Thank you for your hard work and help
Customer 452773, February 21st, 2023
Customer 452591, March 18th, 2021
Business and administrative studies
excellent, got a 100
Customer 452773, May 17th, 2023
Business and administrative studies
Customer 452773, March 3rd, 2023
Thank you for your hard work and help.
Customer 452773, February 13th, 2023
thank you so much
Customer 452749, June 10th, 2021
Business and administrative studies
excellent work
Customer 452773, March 9th, 2023
Business and administrative studies
always perfect work and always completed early
Customer 452773, February 21st, 2023
Business and administrative studies
excellent job
Customer 452773, March 12th, 2023
Business and administrative studies
great job as always
Customer 452773, February 26th, 2023
Customer reviews in total
Current satisfaction rate
3 pages
Average paper length
Customers referred by a friend
15% OFF your first order
Use a coupon FIRST15 and enjoy expert help with any task at the most affordable price.
Claim my 15% OFF Order in Chat

Sometimes it is hard to do all the work on your own

Let us help you get a good grade on your paper. Get professional help and free up your time for more important courses. Let us handle your;

  • Dissertations and Thesis
  • Essays
  • All Assignments

  • Research papers
  • Terms Papers
  • Online Classes



eskişehir eskort



eskişehir eskort

Live ChatWhatsApp