MLL111 Study Guide - Final Guide: Saab 35 Draken, Puffery, Contract
Document Summary
Issue 1: the first legal issue in this situation is whether a legally binding contract exists between. might, to the eyes of a reasonable person put in tom"s position, be construed as an offer. Hence, the presence of an offer in this case is arguable. The presence of acceptance does, however, hinge on whether an offer can be seen to exist. Consideration requires that there be a detriment to the promisee or a benefit to the promisor3 and that the detriment/benefit be given in exchange for a promise4. This would demonstrate enough of a detriment on their behalf to constitute consideration. Following tom"s acceptance of the terms of what is arguably gong-a-go-go"s offer, his promise to. 1 carlill v carbolic smoke ball co (1893) 1 qb 256. 2 household fire & accident insurance co v grant (1879) 48 ljqb 577. 3 currie v misa (1875) lr 10 ex 153, 162.
