Law Assignment

Introduction

Maggie has a company which called “Travel Safe”. It is the agency of travelling. Maggie has also advertised a promotion on “Travel Safe” web site. The promotion was getting two return tickets to London for the price of one. The promotion was only for limited period only. All of the reservation of this promotion is only reserved by email only and sent to maggietravel@travelsafe.com.

Moreover, Mark found the promotion and sent a mail to Maggie and asked about the details. After two days, since Mark didn’t receive the reply and he sent a mail to Maggie to reserve the promotion.

After a week, Maggie has ended the promotion and posted on web site but Mark wasn’t reserved any confirmation. The reservation was seemed to be unsuccessful.

Assumption

1. The Mail Server between Maggie and Mark are fully functioned.

2. The place of sending mail between Maggie and Mark are located at their office or related place.

3. Mark sent mail within Maggie’s office hour.

Type of Ordinance

This case is mainly explained by Section 19 Electronic Transaction Ordinance (S19, ETO). This ordinance can define this case as a Contract or Invitation to Treat. Although Maggie has placed the advertisement on Travel Safe web site, it is still an invitation to treat. Since there is no confirmation to send back from Maggie to Mark, the contract would not be formed.

Offer and Invitation to Treat

Invitation to treat is an invitation to another for making the offers but it doesn’t have any contract even the invitation to treat is accepted. It is only for the negotiations or an invitation to another party to make an offer. Maggie considered that was an advertisement. If she could not reply the mail, it could not be bounded by the contract. The case of Partridge v. Crittenden was considered about the newspaper advertisement for the sale of certain birds, invitation to treat was determined by the court.

Offer is bounded by the terms of contract which is agreed...