Ben loves collecting sport’s memorabilia. He saw an advert in a newspaper that said:
“(Sporting Moments
The first five customers that arrive at the Sporting Moments Shop will receive a signed autographic picture of Cristiano Ronaldo upon purchase of any item in the shop.)”
Ben attended the shop the next day at 9am and was one of the first customers in the shop. Ben sought out the cheapest item in the shop, a postcard, costing £1 and took it to the shop owner. Ben bought the postcard, but the shop owner stated that he could not have the signed picture, as the item Ben purchased did not cost enough. Ben went to find an item that cost more, but noticed that at least five customers had already purchased items and had received the signed autographic picture.
Later that night, Ben was on the Internet and saw a web advertisement from www.getyoursporton.com that stated the following:
Ben thought this was a bargain. “Football Superstars 2017” sold for £350 and there were only 100 copies available. Ben played the football game. This took an hour and was the most boring hour of his life, and gave feedback on how the game could be improved (Ben suggested they hire some better programmers as the game was truly awful). Finally, Ben paid the £100. However, the download of “Football Superstars 2018” did not start. Instead, Ben received an email stating that the company were processing his request and would be in touch with further details. A week passed and the company responded to Ben. They said because his feedback was “nothing more than an insult,” they will not be providing him with the copy of the game. They instead refunded Ben the £100 and thanked him for his time.
Ben went to another provider and paid £300 for the game. Ben feels like both Sporting Moments and www.getyoursporton.com have done him wrong.
Advise Ben on his contract law rights.
-should be 1500 maximum
-should include United Kingdom case law as references whilst advising Ben. so for example, with each advise given it must be linked to a past case. e.g Carlil v carbolic smokeball company, or partridge v Crittenden in reference to the fact that it is an advertisement.
refernce list should be OSCOLA style.
