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Agreements

In: Social Issues

Submitted By ashleymsabino
Words 400
Pages 2
Offer and Acceptance

1. I do not believe Britney’s claim against Eddie Bauer was correct. In advertisements or catalogs the prices in which are listed are referred to as an invitation to offer or an invitation to treat. This cannot be accepted into a contractually-binding manner because for an offer to be capable of becoming binding on acceptance it must be definite, clear, and final. An Invitation to treat not being an offer but an impressive preliminary to the offer is not capable of an acceptance which will result in a contract. The seller (Eddie Bauer) cannot guarantee it will have an unlimited supply of any good they have, therefore they cannot make a contract with everyone who sees the catalog or advertisement. In this situation, Britney accepted the offer Eddie Bauer had posted in a catalog dated in August. Britney placed her order Mid September so one could assume that the catalog prices had changed. From the information provided we cannot conclude when the sale was valid for, but Britney’s offer was never accepted by Eddie Bauer. Eddie Bauer returned her check due to the increase in price; therefore the offer was never accepted.

2. Eddie Bauer was not guilty of breach of contract. A breach of contract as defined by Wikipedia is, “a legal cause of action in which a binding agreement is not honored by one or more of the parties to the contract by non-performance with the other party’s performance.” There was no legally binding contract between Britney and Eddie Bauer. Catalogs display an invitation to negotiate, therefore Eddie Bauer was inviting Britney to make an offer to buy the merchandise. To have a legally binding contract they should have accepted the check for $30 and in return provided Britney with the sweatshirt. The merchant chose not to accept her offer and returned her check. In this instance, if Britney received confirmation…...

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