Contract Law Case Study
A. Concern v Good
The incident between Mr. Good and Mr. Concern is being introduced in this case. Mr. Good put up an article on The Best Daily saying that he would share half of the advertising cost for anyone who places an advertisement in Best Daily with the intention of ‘initiating major legal response to raise climate change consciousness of the people of Hong Kong'. Our client, Mr. Concern who responded to Mr. Good’s offer, placed advertisements in 15 newspapers expressing ‘support for social reform for the protection of environment’. This case arises when Mr. Concern could not get the 50% advertisement fees from Mr. Good and is looking for compensation. Therefore, it is clearly that Mr. Concern is the plaintiff, and Mr. Good is the defendant.
Unilateral offer
In this case, we have to decide whether this is an existence of legally binding offer -unilateral offer. Therefore in this case, we will have to explore if Mr. Concern is to be bounded by such offer.
A unilateral offer refers to a party making a promise of reward on performance of some act. The offer is only accepted by performance of the requested action. Anyone who knows about this offer may complete the act and claim the reward.
Acceptance nature
Therefore under unilateral offer, Mr. Concern can only claim his rewards- 50% of the advertising fees when he comply fully Mr. Good’s offer. That is ‘to initiate major legal response to raise climate change consciousness of the people of Hong Kong.’ In this case, Mr. Concern posted advertisements to ‘express support for social reform for the projection of environment through discussion and debate in schools and universities in Hong Kong.’ This is in fact not the stipulated act of the Good’s offer. Therefore under such circumstances, the rewards could not be claimed when the stipulated act is not completely and fully performed and executed. And Concern were not entitled to any rewards since he did not comply with the terms of offer at all.
The incident between Mr. Good and Mr. Concern is being introduced in this case. Mr. Good put up an article on The Best Daily saying that he would share half of the advertising cost for anyone who places an advertisement in Best Daily with the intention of ‘initiating major legal response to raise climate change consciousness of the people of Hong Kong'. Our client, Mr. Concern who responded to Mr. Good’s offer, placed advertisements in 15 newspapers expressing ‘support for social reform for the protection of environment’. This case arises when Mr. Concern could not get the 50% advertisement fees from Mr. Good and is looking for compensation. Therefore, it is clearly that Mr. Concern is the plaintiff, and Mr. Good is the defendant.
Unilateral offer
In this case, we have to decide whether this is an existence of legally binding offer -unilateral offer. Therefore in this case, we will have to explore if Mr. Concern is to be bounded by such offer.
A unilateral offer refers to a party making a promise of reward on performance of some act. The offer is only accepted by performance of the requested action. Anyone who knows about this offer may complete the act and claim the reward.
Acceptance nature
Therefore under unilateral offer, Mr. Concern can only claim his rewards- 50% of the advertising fees when he comply fully Mr. Good’s offer. That is ‘to initiate major legal response to raise climate change consciousness of the people of Hong Kong.’ In this case, Mr. Concern posted advertisements to ‘express support for social reform for the projection of environment through discussion and debate in schools and universities in Hong Kong.’ This is in fact not the stipulated act of the Good’s offer. Therefore under such circumstances, the rewards could not be claimed when the stipulated act is not completely and fully performed and executed. And Concern were not entitled to any rewards since he did not comply with the terms of offer at all.