which law in this case?

Question

You work as a junior clerk for Ikkelbod, Dwyer & Summ, Accountants. The senior partner of the firm, while conducting an Audit has encountered two difficulties. He placed two different problems on your desk which are representative of the difficulties he has discovered. The extent of the client’s tax liabilities will be dependant on the validity of the transaction in each case. He requires you to research these problems and give him all legal options which he in turn can then advise the respective clients with. The partner has requested this information in the form of an opinion.

[An opinion is an essay which covers all of the relevant legal issues and researches the relevant legal precedents. Based on this research an indication is made what may be the most advantageous path for the client to take. All relevant legal information must be provided to the client, to enable them to make an informed choice.]

(a) Mrs S drives into the entrance of Watson’s multi–story car park at 4.55 pm. She takes a ticket from the dispensing machine. This ticket has printed on it a black metallic strip that records the time, and the legend:

“By accepting this ticket the holder is bound by the terms and conditions of the contract.”

Mrs S enters the car-park. On the first floor she finds a large sign which states the terms of the contract. One of these terms is that any car left after 5 pm. will be charged $50.00 regardless of length of stay. Mrs Smith does not like this idea and attempts to leave the car-park; there is however a line of cars exiting and her departure is delayed by 10 minutes. At the pay kiosk the attendant tries to charge Mrs Smith $50.00 for her stay. Mrs Smith refuses; she claims a contract was not formed.

Could you briefly set out what you would consider Mrs Smith’s legal argument for her claim would be under common law? How would Watson’s Multi-story Car-park attempt to counter this claim?

Answer 1

This is at least the third time exactly the same question has been posted here. It's hard to believe there are 3 of you in the same class who couldn't be bothered trying to do any work of your own, so I assume you are one and the same person who simply keeps posting this.

As I've said before, until you show me you can think for yourself, bugger off and do your own homework!

Answer 2

One of the most basic principles of Contract formation is that an Offer has to precede Acceptance. The carpark was offering a service, but the terms of that offer that were visible from the street were incomplete, and is not a valid Offer. They constituted a solicitation for further inquiry. As no valid Offer had been made, Ms. Smith could not make a voluntary acceptance at the point she took the ticket. Furthermore, being unaware of the writing on the ticket prior to receiving it, it was clearly not a voluntary act of Acceptance.

To attempt to construe taking the ticket as Acceptance of an Offer, the terms of which are presented after Acceptance is preposterous, in the most literal sense of that word, by placing behind that which should come before.

Even if the contract were valid upon taking the ticket, she rescinded it by not parking the car, which occurred prior to the five o'clock deadline for the extra charge, and she owes for the benefit actually received. Since she never entered a parking space, she received no benefit, and the carpark is entitled to nothing.

Answer 3

Mrs Smith's legal: She attempted to immediately leave the premisis with the intent of not being under this contract...due to the influx of people leaving her departure was delayed not by her doings but by a barage of other customers due to cutoff time..literally she is being held in a contract against her will...(there is a three day accept/deny for a contract). Also I would have another place to park lined up for use before court.
MC counter: You took the ticket you are bound by the contract and dont look at us to let you out of this because of rush hour traffic. (deceitful business practice) Business have gains and losses...there is exceptions to every rule or loopholes...