Daddy Farm, a manufacturer of ice-cream, places the following advertisement in a national newspaper in June:
“We have hidden 10 Daddy Farm Badges in various parts of the U.K. If you find one and send it to us, you will be awarded £ 150,000 in cash! Simply buy 6 boxes of our ice-cream and posts us the labels, we will send you a free book of clues which will help in the fun summer search for Daddy Farm Badges! Good Luck!”
On 15 July, Daddy Farm places a prominent notice in all national newspapers stating that the price has been withdrawn.
Discuss the LEGAL POSITION of Butin & Trump:
a) Butin retrieves a discarded copy of the book of clues from a dustbin on 26 June and finds a badge on 16 July. He claims for the award.
b) Trump buys 6 boxes of ice-cream and receives the book of clues. He locates a badge at the top of a flagpole. Before climbing the pole, Trump is informed by a passer-by of Daddy Farm’s revocation. He nevertheless stars to climb the pole but before reaching the top he falls and breaks both legs. Consequently, he has to cancel his annual summer holiday and loses £ 4,000 in expected earning whilst he is away from work.
Below are some hints for the assignment::::
this assignment is a very good revision for the topics “law of contract” and “Negligence’
This assignment requests you “DISCUSS THE LEGAL POSITION OF BUTIN & TRUMP”. In brief, please check if your assignment includes below issues in your own format & omit unrelated discussion (not necessarily follow my listed order). You may consider you are Butin or Trump, reading the legal advice from someone.
The advertisement in question – “an invitation to treat” or “offer” in this case – why?
Analysis if any contract between Daddy Farm & Butin / Trimp. (e.g. the existence of “3 elements” in their cases)
Revocation of unilateral offer
Can Butin and Trump obtain the award, and why?
Is it possible for Trump to sue Daddy Farm or his injury?
Any negligence on Daddy Farm – e.g. have to analysis the 3 elements …
Possible defense by Daddy farm (contribution negligence …)
2 damages suffered by Trump in this case. What damage can/cannot be recovered and Why?