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- 10 Marks
Question
Kakai Company Limited had for weeks advertised their products in the electronic and print media that “Buy GH¢450 worth of products from any of our branches and get one blender free”. The deadline for the promotion was 30 November 2020. Fiifi saw the advertisement and bought products worth GH¢600 from one of the branches on 1 October 2020. Fiifi demanded the free blender. However, the sales girl told him there was no free blender to be given in that branch. An argument then ensued.
Required:
i) Describe in TWO (2) ways the nature of the transaction. (4 marks)
ii) Determine whether Fiifi should be entitled to the blender. (6 marks)
Answer
i) Elements of a contract to be mentioned – Offer, Acceptance, Consideration, Intent to create legal relation:
- An offer may be made to a particular individual, groups or classes of persons or the world at large.
- In an offer made to the world at large, the offer ripens into a contract with anybody who comes forward and the condition required.
- Such an offer made ends in a contract with the limited portion of the public who come forward and perform the condition on the faith of the advertisement.
(Any two points @ 2 marks each = 4 marks)
ii) Therefore, the transaction was an offer to the world at large, and the limited portion of the public that came forward was Fiifi, who acted on the condition. Fiifi is, therefore, entitled to the blender. (6 marks)
- Tags: Acceptance, Advertisement, Contractual Rights, Entitlement, Offer
- Level: Level 1
- Topic: Contract Law
- Series: MAY 2021
- Uploader: Dotse