Special Offers Rules

Question 1

General Rules

Answer 1

1. Newspaper advertisements, circulars, and price quotes
   are typically not offers.
2. They are invitations for offers.
3. Rationale:
   a. No specific offeree
   i. Communicated to everyone in the public
   who reads it.
   b. No specific quantity
   c. Lack of requisite certainty of terms.

Question 2

Exceptions:

Answer 2

1. Language in the advertisement such as “first-come, first served”, or “first 10 customers”; identifies te means by which the goods or services will be allotted in the event of an excess of demand; eliminates the need for further assent from the advertiser and, thus, constitutes an offer.
2. Rewards: Typically treated as an offer.
   -Considered communications that promise a bounty in exchange for the performance of a specified task.

Auctions: Invitation for offers;
a. Responsive bids are offers.

Question 3

LEONARD V PEPSICO CASE LAW

Answer 3

RULE: An advertisement, which a reasonable person would not take seriously and refers to other material, is not an offer.

Question 4

GLASS WORKS V CRUDEN MARTIN CASE LAW

Answer 4

RULE: Depending on the language parties use, a “price quote” can be treated as an offer to sell on the terms indicated.