Building 58 Room 1039

Introduction:
Good evening, My Lords. My name is Jay Johnson, and I appear today on behalf
on the Appellant. With me is my learned junior, Mr Cheuk Fai Kwong. Ms
Francesca Fenton and Ms Chelsea Rose appear on behalf of the Respondent.
I intend to deal with the first ground of appeal, namely that there is a valid
contract since the advertisement would be understood by the ordinary member
of the public as importing an intention to create legal relations
Argument:
With regards to the first ground of appeal the issue is whether there is a contract
between Mr Pollard and Ms Windsor and if the notice in the newspaper was an
offer or merely an invitation to treat.
1. MY LORD/LADY I submit to you that the language used in the advertisement that
Ms Windsor placed in the local newspaper is of such a nature to be construed as
an offer, and not an invitation to treat. The language used in the advertisement
is sufficiently specific to be capable of acceptance. As stated in the
advertisement Ms Windsor will sell boxes of luxury chocolate shortbread at a
discount price of 2.50, instead of the recommended retail price of 5.00.
The language used is also of a promising character in so far as it states that Ms
Windsor WILL sell boxes of luxury chocolate at the discount price of 2.50
This is similar to the case of Bowerman v Association of British Travel Agents Ltd
(who I will referring to as ABTA) which can be found on page 451 of the
commercial law cases in the year of 1996. IS MY LADY/LORD FAMILIAR WITH THE
CASE?
The claimants booked a school ski holiday. The holiday was arranged through an
ABTA company.
When the booked holiday failed because of the insolvency of the original
company the claimants went off on an alternative holiday funded by ABTA. Later
the claimants were told that because ABTA had refused to reimburse the
insurance premium they owed 10 to the new travel company.
The issue before the court was the view that would be taken of ABTA's published
statements by a hypothetical figure - namely the ordinary member of the public.
Would an ordinary member of the public, reading the Notice as a whole, regard it
as intended to create legal relations between ABTA and those who buy tours or
holidays through its members.
2. The notice in question contained promissory statements such as When holidays
or other travel arrangements are in progress at the time of the failure of an ABTA
member, ABTA sees to arrange for you to continue with the booked arrangement
as far as possible and ENSURES that if you are abroad you will be able to return
to the UK.
In the case of Bowerman and ABTA It was held that the notice contained
information and promise which would be understood by the ordinary member of
the public as importing an intention to create legal relations with customers
The same can be said for this case, as Ms Windsor has expressly stated that she
WILL sell the shortbread for the specific, discounted price of 2.50, and also
invited people to contact her in order to accept her offer.
3. Secondly, in this case it is clear that the language and tone of the advertisement
is solely promissory. This is dissimilar to the case of Bowerman and ABTA. In

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Bowerman and ABTA it was stated that the most striking feature of the notice is
the one which has caused the greatest difficulty for the court namely the
remarkable variety of tone and language which it employs.
As in this case the language and tone is not of a remarkable variety, it must be
said that the advertisement put up by Ms Windsor was in fact an offer of contract
due to its promising character.
4. Finally the advertisement states that anyone wanting the shortbread should
contact Viv in person at the shop or via E-mail As a result of this the case is
similar to that of Bowerman and ABTA in so far as the document is not simply
telling the public about a discount which Ms Windsor is offering, it is going
further than that and contains an offer which a member of the public (Mr Pollard)
can take up.
This illustrates that she has an objective intention of being bound by acceptance
as she is inviting potential customers to accept her offer.
In light of this I submit that the case is in fact very similar to that of Bowerman
and ABTA and as stated in Bowerman v ABTA the advertisement is Sufficiently
clear to have been legally enforceable and disclosed an intention to create legal
relations
As a result of this it is clear that an ordinary member of the public would see the
advertisement as an offer of contract.
End:
5. For these reasons, my LORD/LADY and those by my lower counsel I submit that
this appeal should be allowed
6. Perhaps there are some issues on which I may be of further assistance?
7. I am obliged, My Lord.