Unilateral Offer Case Study

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for Unilateral offer and Bilateral offer. 1. Advertisements for unilateral offer – Offer to the public at large Offers can be addressed to the general public and are accepted when the offer is acted upon a member of the general public. An important exception to the general rule that advertisements are merely invitations to treat is where there is an offer in relation to a unilateral offer contained in an advert i.e. where the offeror makes a promise in return for an act. Ali’s advertisement is considered as a unilateral offer since the contract is based on being automatically accepted without the need for negotiations as he states in the advert. ‘’ the rug will go to the first person who accepts it’’. A similar case is the Carlill v Carbolic Smoke Ball Co in which the manufacturers of ‘smokeballs’ claim to pay the person £100 to use the smokeballs and state if they caught flu. Mrs Carlill bought a smoke ball and used it as directed for 2 months and caught the flu. She was entitled to claim the £100 reward since the advert contained a…show more content…
The magnitude of risk The higher the risk of harm the more precautions must be taken. In the case of Alice, the chances of slipping were very high since the lobby floor was waxed, where all customers will pass by. More precautions must have been taken by either closing the supermarket on that day or putting several ‘’Caution. Wet Floors’’ sign. 2. The vulnerability of the claimant Sometimes, the risk of harm is low but the possible damage may be more serious. For instance in Paris v Stepney Borough Council (1951) the probability of the harm was very low but the consequences were very serious. Knowing of the claimant’s disability, they should have taken extra precautions. In the case of Ben, normally customers will come out of the supermarket with heavy bags of groceries just like Alice. Some customers may even be quite elderly and some parents may be accompanied by their children, therefore extra precautions must have been
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