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發表於 19-1-2010 11:31:38
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3. Yesterday, you went to the Wanchai Market. You took a pack of oranges from
one of the stalls while the owner of the stall (a lady) was reading newspaper. You
gave HK$10 to her because there was a pad stating that each pack of oranges
cost HK$10.00. The lady refused to take your money and ordered you to give her
back the oranges and go away. Apart from telling you to go away, the lady did
not say anything.
Was there a contract formed between you and the lady? Why? What constitutes
formation of a contract? What if the lady put up some packs of apples and
shouted “$10.00 per pack”, will there be any difference?
Putting up something in display with a price label on it is “invitation to treat”.
In Fisher v Bell, putting a flicker knife in a shop window with a price label on
it was held not be an offer for sale but an ‘invitation to treat”. While the lady
displayed her oranges with a price label on it, she did not show her intention
to sell the oranges, instead, she only showed how nice the oranges was and if
somebody had interests, he/she could give her an offer and see whether she
liked to sell the oranges or not. Accepting an invitation to treat does not
constitute to a binding contract and thus there was no valid contract formed
between the event.
While the lady waved the apples and shouted for sale, it might show her
intention of forming a contact (offer) – if somebody gave her 10 dollars, she
would sell the apples. In knowing existence of the offer, Peter gave the lady 10
dollars and it constituted an acceptance and thus the contract was formed.
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