Contract Law

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Contract Law 1.On 2nd January 1999, Sarah reads in a local newspaper, "The BrightonBugle", that a well known local sports enthusiast, Mick Muscle, was offering £5,000 to the first person to swim from Southsea to the Isle of Wightbefore 10th January, 1999. Sarah, a keen swimmer, set about her preparations. On 6th January, 1999, a retraction appeared in "The Hove Herald' stating that Mick's original offer was cancelled and, instead, the prize was now to be £500 to the first person to cycle from Brighton to Oxford before 12th January, 1999. Sarah was a regular reader of "The BrightonBugle" and no other newspaper. She did not see the retraction in "The HoveHerald". On 9th January, Sarah went down to the beach at Southsea to commence her swim to the Isle of Wight. A bystander, who identified himself as Rick Muscle (Mick's brother), told her that the swimming prize had been cancelled and she should "go and get her cycling gear on". Sarah disregarded this statement and proceeded with her swim. Rick Muscle notified his brother, Mick, who promptly hired a boat and caught up with Sarah in the middle of her swim. Mick shouted at her through a megaphone, telling her of the withdrawal of the reward for the swim. Sarah was not deterred and completed her swim to the Isle of Wight. On returning to her home in Brighton, she decided to cycle to Oxfordthe next day to see her best friend. She reached Oxfordon the evening of 11th January. She now wishes to claim both the £5,000 for being the first person to swim to the Isle of Wightand, having later learnt of the prize, the £500 for cycling to Oxford. Advise Sarah. The first thing to asc... ... middle of paper ... ...own of the offer until after her return from Oxford to Brighton. --------------------------------------------------------------------- [1] McKendrick, E. 2003. Contract Law: Text, Cases, and Materials. Oxford University Press. P63. [2] [1968] 1 WLR 1204 [3] Op.Cit. Note 1 [4] Collins, H. 1997. The Law of Contract. London. Butterworths. P60. [5] [1893] 1 QB 256, CA [6] Op. Cit. Note 1. p.50 [7] Ibid. p127 [8] Byrne & Co v Van TienHoven & Co (1879) 5 CPD 344 [9] Op.Cit. Note 1. p.130 [10] (1875) 92 US73. [11] Op.Cit. Note 1. p. 130 [12] Op.Cit. Note 9. Judgement of Strong J [13] Ibid. [14] (1876) 2 Ch D 463 [15] [1952] 1 KB 290 [16]Op.Cit. Note 1.P 124 [17]Ibid. p.126 [18] (1927) 40 CLR 227 [19]Op.Cit. Note 1. p127 [20] (1833) 5 C & P 566