Offer and Acceptance
1. I do not believe Britney’s claim against Eddie Bauer was correct. In advertisements or catalogs the prices in which are listed are referred to as an invitation to offer or an invitation to treat. This cannot be accepted into a contractually-binding manner because for an offer to be capable of becoming binding on acceptance it must be definite, clear, and final. An Invitation to treat not being an offer but an impressive preliminary to the offer is not capable of an acceptance which will result in a contract. The seller (Eddie Bauer) cannot guarantee it will ...view middle of the document...
Eddie Bauer returned her check due to the increase in price; therefore the offer was never accepted.
2. Eddie Bauer was not guilty of breach of contract. A breach of contract as defined by Wikipedia is, “a legal cause of action in which a binding agreement is not honored by one or more of the parties to the contract by non-performance with the other party’s performance.” There was no legally binding contract between Britney and Eddie Bauer. Catalogs display an invitation to negotiate, therefore Eddie Bauer was inviting Britney to make an offer to buy the merchandise. To have a legally binding contract they should have accepted the check for $30 and in return provided Britney with the sweatshirt. The merchant chose not to accept her offer and returned her check. In this instance, if Britney received confirmation from the retailer with an acceptance, she could have insisted the retailer sell her the price at which the sweatshirt was advertised at. Because Eddie Bauer increased the price of the sweatshirt, Britney was entitled to purchase the item elsewhere and claim against the original trader for the difference in price. Eddie Bauer refunded Britney’s money so the claim that there was a breach of contract was invalid. Eddie Bauer never accepted the offer and refunded the check to the offeror.