Moot Speech
As your lady is aware the advertisement identified that the offer was to remain open until the end of March. One would likely presume this meant the offer was open until the 31st of the month and this was the day on which the appellant expressed his wish to withdraw his offer. The 31st however fell upon a Saturday, a day on which the shop was closed for trading.
The law in question must therefore consider if the remained open until the last day of March or the offer did in fact finish on the last day of trading in march, which would have been Friday the 30th.
The Court of Appeal Case of Dickson and Dodds as reported in ********* held that if an offer clearly states it is open until a certain date, it may be withdrawn at any point prior to that date. Following the rule, the shop sign therefore clearly states ‘offer is open until the end of March’. Therefore a reasonable person is likely to presume this was the 31st and the appellant was entitled to withdraw his offer on the on that day.
My learned friends may suggest that the respondent did not receive the withdrawal of the offer until Monday the 2nd when she returned to the shop. Although revoking an offer must be received by the offeree, In the Queens Bench case of Entores and Miles Far East Corp ******** Lord Denning commented that if the acceptance is not received by an offeror through their own fault, they may be prevented from claiming that they did not receive the acceptance, and will therefore be bound by the terms of that contract.
Although the case in question concerns an acceptance rather than a withdrawal of an offer, the significance is Lord Denning’s emphasis on fault. As the sign clearly stated ‘offer open until the end of March’ a reasonable person is likely to believe that means the offer remains open until the 31st March, not the 30th.
It would be, therefore, reasonable to expect the respondent to check the mail at the shop on the 31st, as it was possible that such letter could have
The law in question must therefore consider if the remained open until the last day of March or the offer did in fact finish on the last day of trading in march, which would have been Friday the 30th.
The Court of Appeal Case of Dickson and Dodds as reported in ********* held that if an offer clearly states it is open until a certain date, it may be withdrawn at any point prior to that date. Following the rule, the shop sign therefore clearly states ‘offer is open until the end of March’. Therefore a reasonable person is likely to presume this was the 31st and the appellant was entitled to withdraw his offer on the on that day.
My learned friends may suggest that the respondent did not receive the withdrawal of the offer until Monday the 2nd when she returned to the shop. Although revoking an offer must be received by the offeree, In the Queens Bench case of Entores and Miles Far East Corp ******** Lord Denning commented that if the acceptance is not received by an offeror through their own fault, they may be prevented from claiming that they did not receive the acceptance, and will therefore be bound by the terms of that contract.
Although the case in question concerns an acceptance rather than a withdrawal of an offer, the significance is Lord Denning’s emphasis on fault. As the sign clearly stated ‘offer open until the end of March’ a reasonable person is likely to believe that means the offer remains open until the 31st March, not the 30th.
It would be, therefore, reasonable to expect the respondent to check the mail at the shop on the 31st, as it was possible that such letter could have