Should an advertisement be treated as an offer rather than an invitation to make an offer?

Module 3: Discussion – Contract Cases

Directions

1. Find and read the following cases

– City of Everett Washington v.Mitchell, 631 P.2d 366, Web 1981 Wash. Lexis 1139 Supreme Court of Washington.

– Welles v. Academy of Motion Pictures Arts and Sciences, Web 2004 U.S.Dist. Lexis (2004) United States District Court for the Central District of California.

– Mesaros v.United States, 845 F.2d 1576, Web 1988 U.S.App Lexis 6055, United States Court of Appeals for the Federal Circuit.

2. Answer the following questions:

– What theory does the court use to evaluate the contract?

– What is the objective theory of contracts?

– When will a court set aside a contract?

– Should an advertisement be treated as an offer rather than an invitation to make an offer? Why or why not?

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