“On 2nd January 1999, Sarah reads in a local newspaper, The Brighton Bugle, that a well known local sports enthusiast, Mick Muscle, was offering 5,000 to the first person to swim from Southsea to the Isle of Wight before 10th January, 1999. Sarah, a keen swimmer, set about her preparations. On 6th January, 1999, a retraction appeared in The Hove Herald stating that Micks original offer was cancelled and, instead, the prize was now to be 500 to the first person to cycle from Brighton to Oxford before 12th January, 1999. Sarah was a regular reader of The Brighton Bugle and no other newspaper. She did not see the retraction in The Hove Herald. On 9th January, Sarah went down to the beach at Southsea to commence her swim to the Isle of Wight. A bystander, who identified himself as Rick Muscle (Micks brother), told her that the swimming prize had been cancelled and she should go and get her cycling gear on. Sarah disregarded this statement and proceeded with her swim. Rick Muscle notified his brother, Mick, who promptly hired a boat and caught up with Sarah in the middle of her swim. Mick shouted at her through a megaphone, telling her of the withdrawal of the reward for the swim. Sarah was not deterred and completed her swim to the Isle of Wight. On returning to her home in Brighton, she decided to cycle to Oxford the next day to see her best friend. She reached Oxford on the evening of 11th January. She now wishes to claim both the 5,000 for being the first person to swim to the Isle of Wight and, having later learnt of the prize, the 500 for cycling to Oxford. Advise Sarah.”

The first thing to ascertain is whether the advertisement constitutes an offer or an invitation to treat. An advertisement, at least in the case of bilateral contracts, is generally construed as being an invitation to treat. Authority for this can be found in Partridge v Crittenden , where the appellant had been convicted in the criminal courts of offering for sale rare birds through an advertisement in a periodical….(short extract)

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