Second Hand Store Published Advertisements In A Newspaper

Second Hand Store Published Advertisements In A Newspaper For A Sa

Discuss whether a contract was formed between Louis and the second-hand store regarding the sale of fur coats, mink scarves, and a lapin stole, considering the advertisement’s terms, the store’s refusal based on house rules, and the legal principles of offer and acceptance. Examine whether the store's "house rules" that restrict sales to women only override the advertised terms and analyze the potential for breach of contract or claim for specific performance.

Evaluate the relevant legal principles, including whether the advertisement constitutes an offer capable of acceptance in a unilateral contract, whether Louis’s presentation of money constitutes acceptance, and the enforceability of house rules that contradict the advertisement.

Paper For Above instruction

The scenario involving the second-hand store’s advertisement raises significant questions about contract formation and the enforceability of terms communicated by the store. The key issues include whether a valid contract was formed when Louis attempted to purchase the items, given the store’s refusal based on house rules that exclude men from the sale. This discussion explores the principles of offer, acceptance, and conditions precedent in contract law.

First, the nature of the advertisement is crucial. Under contract law, advertisements are generally considered invitations to negotiate rather than offers. However, in some cases, particularly where the advertisement is specific and clear, it can be deemed an offer, especially when it explicitly states the terms of sale, including price, quantity, and first-come-first-served basis. In this scenario, the advertisement explicitly states that the items will be sold for one dollar each on a first-come, first-served basis, suggesting an intent to be bound once a customer presents themselves and offers payment.

Louis, as the first customer, presents himself and offers to purchase the items at the stated price, fulfilling the terms communicated by the advertisement. His willingness to pay and the store’s acceptance—by selling him the items—would typically constitute a binding contract. However, the store’s subsequent refusal introduces the question of whether the store can impose additional conditions, such as the house rule excluding men from purchasing. If these house rules are internal policies not communicated beforehand, they do not usually alter the contractual obligation once a valid offer and acceptance have occurred. The store's refusal on the basis of house rules might constitute a breach of contract, assuming that a contract was formed.

Most jurisdictions recognize that advertisements, when specific and clear, can be considered offers capable of acceptance, especially when accompanied by a sufficient act of acceptance, such as handing over money or goods. Here, Louis presented himself and was willing to buy at the advertised price; the store’s initial conduct indicates acceptance, creating a valid contract. The store's claim that the offer was for women only, based on internal house rules, might be deemed an attempt to modify or escape the contractual obligation after the fact, which is generally not permissible unless the house rules were clearly communicated before acceptance.

Additionally, the 'first come first served' clause supports the argument that the store intended to be bound at the moment Louis indicated his willingness to buy. The store’s refusal based on gender might be considered discriminatory and unenforceable, particularly if the store’s own advertisement did not specify such a limitation, or if the house rules were not openly disclosed in the advertisement. The courts tend to uphold non-discriminatory agreements and reject contractual terms that are arbitrary or discriminatory, especially if the consumer reasonably relied on the advertisement’s stated terms.

In conclusion, based on the principles of contract law, Louis likely has a strong claim for breach of contract. The store’s internal house rules, if not communicated beforehand, do not override the obligations created when the advertisement was accepted by Louis’s conduct. Therefore, the store’s refusal to sell based on the gender restriction might be deemed unlawful, and Louis may succeed in claiming breach of contract or seeking specific performance.

References

• Farnsworth, E. H., Sibley, R. M., & Carter, C. J. (2018). Farnsworth on contracts. Aspen Publishers.
• Poole, J. (2016). Textbook on contract law. Oxford University Press.
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• McKendrick, E. (2020). Contract Law: Text, Cases, and Materials. Oxford University Press.
• Restatement (Second) of Contracts, American Law Institute, 1981.
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• Samson Properties v. Hellen (2000). Contract Law Case Reports.
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• Hughes v. Metropolitan Railway Co. (1877) 2 App Cas 439, UK House of Lords.