伊利诺Essay代写:潜在的问题

A potential problem of contracting with an online retailer was encountered in September 1999[6]. A retailer was found to be indicating on it’s website that televisions were available at £3. The correct price should have been £300. Before the retailer could take steps to rectify the problem, people had placed orders for the television at the advertised price of £3. Were the customers accepting the retailer’s offer or making an offer themselves which gave the retailer the choice of accepting it or not? At the time of ordering, the customers provided their credit card details, which the retailer had the choice to refuse these details. Therefore, it would be safe to assume that the website was an invitation to treat, in a similar way as items in a shop are invitations to treat.[7]

There are several methods of instantaneous communication, which can be used to convey acceptance of an offer. Perhaps the most obvious form of instantaneous communication is face-to-face contact. However, where the Internet is the medium of communication, face-to-face contact with an online retailer is almost impossible. A special set of rules are in place for the postal service, known as the ‘postal rule,’ this was devised in the case of Adams v. Lindsell[8] and allows an offer to be accepted at the point of posting the acceptance to the offeror. The idea behind this rule is that once a letter has been posted into a post box, the person posting the letter loses all control of the letter and it comes into the control of the postal service.

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