Migration Advice Letter

Henley and Souel

Attorneys-at-Law

221 Cross Road

Esteem, Bulacan

(044) 341-3200

January 14, 2022

Peter Moore

Peter Fashions

850 Hencrick Road

Esteem, Bulacan

Dear Mr. Dan:

Hope you are doing absolutely perfect. Recently you communicated regarding the fact that Dany’s Fashions has been sued by the shopper located in Town court for the contract breach. I am presently writing to you as you have asked me about the advice on the issue you are facing through the advertisement. I am honoured you will ask for help and with due ethics and honesty will impart the best move that should be undertaken.

As you have stated that claim of the shopper is that she responded to an ad for the closeout of the manufacturer of designer leather jackets, the ad defined that the early shopper will get hold of the savings. The shopper complained that Dany failed to showcase the merchandise at the price advertised. In particular you wanted to know whether Dany has breached the contract with the shopper under the scenario. After an indepth understanding of the issue, and relevant facts of the case, I am of the opinion that the court would conclude that Dany has not entered into the contract with the shopper as the advertisement did not contained an offer for selling the coats hence there was no contract that could have been breached. I will provide an explanation of the conclusion in a precise manner after providing the facts in the manner I have understood them.

Dany’s fashion, the retailer of outfits related to men and women, distributed a circular previous July that advertised a deal where the leather coats for women was listed at P 1600, coats that were regular on the price of P 3200. The ad announcement was that the store will open at 9 a.m on Monday, January 10, and provided that the early ones will have savings. After a span of fifteen minutes, all the advertised coats were sold. At 9.30 a.m, the shopper had an inquiry of he coats and was told that all advertised coats are sold. At that point of time, it was complained that Dany had an obligation to sell the valued designer leather coats at the price advertised. However, the store manager declined and the shopper then filed a complained in the lower court with the claim that Dany’s failed to adhere to the promise by failing to sell the coats at the advertised price and hence there was a breach of contract.

You further mentioned that the store provide rain checks when it is possible to replenish the supplies of the item that Dany can buy through discount provided. In this scenario, the manufacturer had discounted the coats and Dany was not willing to sell the coats at such a higher markdown. The concern with you is that, if the interpretation of the shopper is to be honoured Dany would require reconsidering the strategies of the market. Even if it was assumed that the advertised facts is applicable to the supplies that last, the ad did not contained any meaning to the effect. You have asked for the opinion of the firm whether the shopper can succeed on the breach of the contract claim.

Coming to such facts, the court will come to a course of action by applying the well settled law that the general advertisement that lists an item for the purpose of sale is a formal invite for negotiation. However, it does not form a contract. This question was considered by the court on two major consideration. The initial is whether the advertisement is complete and definite in nature. For instance, where an advertisement comprising terms for sale was not present in the amount of goods for sale, the court is of the opinion that the seller failed to make a complete offer and hence nothing material in nature. Thereby, no contract was formed between the seller and the person that submitted the purchase order.

The second consideration is whether the advertisement has promised to sell an item in return for something, for instance a shopkeeper promised to sell the item for the particular price to anyone that came to the store and willing to pay the price. When such promises are absent, a court came to the judgement that advertisement coming from the department store was never an offer rather an invitation to the individuals that the advertiser is willing to receive the offers as per the terms stated. Further, the court opined that the purchaser did not contain the right to select the item that the seller did not contained stock nor willing to sell the item at the reduced price.

Through the application of the legal rules to the advertisement of Dany, a conclusion can be drafted that the ad did not contained an offer to enter into sale contract and hence there was no contractual duty. No specification was made by the advertisement for the sale of the coats however it was specified that the leather coats was being sold at a substantial reduced price. Furthermore, the advertisement never promised to sell any leather coats in any exchange for any act or promise. There was no prescription that the public can select any other priced leather if the advertised items were unavailable. Though the shopper in this scenario might argue that the advertisement did not contained any limiting language for instance, that the coats were available till stock last, the opening time of the sale and the place. Through the announcement that the early bird will avail savings, the ad clearly defined that the supplies would be less.

While summing up through depending on the facts as recited in the letter, I understand that the court will conclude that the ad of Dany did not made ny offer for selling the leather clothes that the purchaser can act in this regard however, it was simply the invitation to negotiate. Thereby through this transaction, no contract came into force. Hence, for avoiding the possibility that future claims will be attracted on this point, I will recommend that Dany ad must have the language while supplies last or the first come, first served or limited quantity till stock last. In this fashion Dany will communicate the shoppers that no guarantees were present as that can purchase an item of advertisement or a substitute. Though the additional text have an incremental impact on the advertising cost yet including this in the future ads can led to saving of time and the cost involvement in the defence of the claims

I hope this would be very helpful and hence would be happy in discussing the matter with you further. If you are having any doubt or want to consult then feel free to call at my office (044) 341-3200 if you to clarify any matter or would you opt for a personal meet.

Very truly yours,

Henry & Souel