IRAC sample question PDF

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Week 1, Session 3, Question 4 - about the reward for the dog In the window of your local convenience store John and Tuan see a notice offering to pay a reward of $200 for the safe return of a lost dog. While practising golf in the local park, John and Tuan see a dog that matches that description in the notice and rescue it from being attacked by another dog. The two boys track down the owner, Bill, and return the dog to him. However, Bill refuses to pay them reward of $200, claiming: 

‘I did not mean the offer to be taken seriously. I made the offer merely to placate my family who were distressed about the dog being lost’.

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‘You boys never communicated to me your acceptance of my so-called offer’.

Required Advise Bill whether John and Tuan are legally entitled to be paid the reward. Guidelines: 

Use the IRAC format detailed in Tutorial 2, Part 2

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For the ‘Rule’, use the case of Carlill v Carbolic Smoke Ball Co (1893) 1 QB 256 as your main authority although you may refer to others. In doing so, you are referring to this as a precedent which contains a ratio decidendi or rule that you will apply to the facts.

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Under the ‘Rule’ heading, you should also define any terms such as ‘offer’ and state any relevant rules

Issue

The legal issue is to determine whether Bill made an offer, and if John and Tuan accepted the offer. In order to have a breach of contract we will need to look further into the 6 elements to see whether this was valid or not. The problematic element for Bill here, is to advise him whether John and Tuan are legally entitled to be paid the reward, and whether he had the intention to be legally bound.

Rule The starting presumption is whether a contract was formed, a contract is an agreement that the law will enforce. In order for the contract to be valid, it is essential for there to be an offer, acceptance, intention and consideration. Offer and acceptance are both referred to together as an agreement.  An offer when the offeror promises something in exchange for a performance by another party. The offer can be verbal or written, or it can be implied from a conduct or behaviour, it must also be clear and unambiguous. Once the offer is accepted this generates an agreement between the two parties.  An acceptance is a clear and certain assent to the offer on all of its terms. An acceptance can also be verbal and written and implied from a conduct.  Advertisements that are on papers or other medias such as the internet is an invitation to treat, the offer is made using the advertisement followed by a probable acceptance  An intention to be legally bound means that all parties involved in a contract have to accept the terms with the intention of forming a legally binding relationship.  A consideration is what the party brings or offers, it usually involves money or goods and services. Application 

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An advertisement was made by bill on the store window, this normally referred to as an invitation to treat which are not binding, this is seen in the case of Partridge v Crittenden [1968] 2 All ER 421. In this case the defendant had placed an advertisement in a section of a magazine offering Bramble finch cocks and hens for sale, however under the protection of Bird Act 1954 it was made an offence to offer such birds for sale. However, in this case Bill had offered a reward in exchange to find his dog, which is now referred to as an offer as seen in the case of Carlill v Carbolic Smoke Ball Co (1893) 1 QB 256. In this case the company Carbolic Smoke Ball Co had designed to prevent users from getting the influenza, there was an advertisement made with specific instructions of how to use the carbolic smoke ball and there was a reward of 100 pounds if it did not work, after seeing the advertisement Mrs Carlill bought the balls and followed all instructions, however she still caught the flu. The company refused to pay Mrs Carlill, so she sued the company. After John and Tuan approach Bill, Bill expressed that he had no intention to be legally bound as he did not think the offer would be taken seriously. When John and Tuan read the advertisement, it is only normal for them assume there would be no intention. By following the advertisement offer, John and Tuan implied an acceptance as shown through their actions of returning the dog to Bill.

Conclusion As a result of this case, Bill had made an offer when he advertised a notice for his missing dog, and John and Tuan implied acceptance by returning the dog back to Bill. Bill must now pay John and Tuan the reward of $200....