Maureen Holds Worth Has Just Bought The Village Shop Called “The Kabin”: Mooting Assignment, NUI, Ireland

In the Court of Appeal (Civil Division)

Steve McDonald (Appellant) -v Maureen Holdsworth (Respondent)

Maureen Holdsworth has just bought the village shop called “The Kabin” and anxious to please the locals, decides to put an advertisement in the local paper stating that she will sell boxes of luxury chocolate shortbread at a discounted price of €2.50, instead of the recommended retail price of €5.00. It also states that there are only 50 boxes available.

Maureen has recently bought a computer from her son, Norris, to help her with the running of the shop. The advertisement states that anyone wanting the shortbread should contact Maureen in person at the shop or E-mail her at maureenskabin@gmail.com. The advertisement appears in the “Local Links” paper on Saturday. Steve sees the advertisement at 4.30 pm on a Saturday afternoon and immediately sends an E-mail to Maureen ordering six boxes of the Shortbread.

The E-mail is received on Maureen’s machine at 5.09 pm on Saturday. On Saturday evening Maureen realizes that the discount was too generous as she is making no money on the shortbread and people are not coming to the shop and buying lots of other groceries as she had hoped. She phones the local paper asking them to put the notice in the next day informing people that the discount price is no longer available.

The Sunday paper is published at 9 am on Sunday morning and it is delivered to Steve at 10.30 am.  Maureen opens for business at 10.00 am on a Sunday. She reads Steve’s E-mail at 10.35 am, but refuses to sell him the shortbread. She replies stating that the discount is no longer available.

Steve sued Maureen for breach of contract but at first instance, Judge Jacob-O found in favor of Maureen on the following basis:

(A) There was no contact between Maureen and Steve since the notice in the paper was not an offer but an invitation to treat; and

(B) Even if the notice did amount to an offer it was withdrawn before acceptance applying the principle enunciated in Entores Ltd v Miles Far East Corporation

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