QUESTION IMAGE
Question
- compare the two advertisements in this question and determine which one is a solicitation for an offer and which one could be construed as an offer. what terms could be added to each advertisement to make it a valid offer? who are the offerees in the advertisement? what kind of contract is created if an offeree accepts?
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| advertisement a | advertisement b |
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Brief Explanations
- Solicitation vs. Offer:
- Advertisement A: “IPADS $99.95, Quantities Limited, First Come - First Served, No rain checks, All sales final” is more of a solicitation for an offer. It is a general call to the public to come and make an offer to buy the iPads. To make it a valid offer, terms like a specific time limit for the sale (e.g., “Sale valid from [date] to [date]”), and a clear description of the product's warranty (if any) could be added. The offerees are the general public (customers) who see the advertisement and are interested in buying the iPads.
- Advertisement B: “ALL IPADS $99.95, Any color, Model #A1263B2124, Quantities Limited to 10, Hurry While Supplies Last” is closer to an offer. It has more specific details about the product (model, color) and quantity. To make it a valid offer, a clear statement of acceptance method (e.g., “Accept by coming to our store and paying at the counter”) could be added. The offerees are also the general public (customers) interested in this specific iPad model.
- Contract Type: If an offeree accepts either advertisement (after they are made into valid offers), it would be a bilateral contract (if the offeror and offeree exchange promises, like the offeree promising to pay and the offeror promising to provide the iPad) or a unilateral contract (if the offer is a promise in exchange for an act, like the offeree coming to the store and paying as the act of acceptance). In most retail cases, it is a bilateral contract where the customer (offeree) promises to pay the price and the seller (offeror) promises to provide the iPad.
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- Solicitation for Offer: Advertisement A.
- Offer (or closer to offer): Advertisement B.
- Terms to add for valid offer:
- Advertisement A: Specific time frame, warranty details.
- Advertisement B: Clear acceptance method (e.g., “Accept by in - store payment”).
- Offerees: General public (customers) for both.
- Contract Type (if accepted): Bilateral contract (customer promises to pay, seller promises to provide iPad) or unilateral (if acceptance is an act like payment).