Marlon’s Marathon Case Study - Law Assignment Help

Assignment Task

Case Study
In the Court of Appeal (Civil Division)
Marlon’s Marathon
Etruria United, a local football club, wished to promote its image and so the Marketing Manager placed an advertisement in The Sentinel Newspaper on 1st August 2018 as follows:

Etruria Marathon as promoted by Etruria United FC
Take part in the Etruria Marathon on 15st October 2018. Free season ticket to all competitors who wear our strip and we will give £3000 to the winner and donate £1000 to a sports charity of the winner’s choice.

Marlon saw the advertisement, purchased the Etruria United football strip (£100) and a strong pair of running shoes (£60) He also enrolled at a local gym costing him £20. He trained rigorously and went on a special high protein diet. He also told his favourite charity – Sports for Cats that they would receive a cheque of £1000 if he won the Marathon. He was supplied with a map of the marathon course by Etruria United.

On 12th October, Etruria United decided to cancel the Marathon and published a notice of cancellation on the local radio.
Marlon and other competitors who were unaware of the cancellation turned up only to be told that the event had been cancelled. Marlon was so angry that he ran the Marathon anyway and being the only competitor, won.

When he claimed his £3000 for winning and the £1000 to give to Sports for Cats, Etruria United refused to pay on the basis that the event had been cancelled. Marlon was so furious that he commenced proceedings against Etruria United for breach of contract. At first instance, the judge found for Etruria United on the following ground:
There was no offer and no contract between the parties. At best, the notice constituted an invitation to treat, at worst it was a mere sales puff.
Even if the notice did amount to an offer, it was withdrawn before acceptance.
Marlon now appeals to the Court of Appeal on the grounds that each of the above reasons was wrong in law.

Suggested Approach to problem solving in this case study:
Look at the wording of the advertisement to decide what would make it an invitation to treat and what would make it an offer. You need to back up your arguments with cases (using the ratios and relevant facts as evidence).
Is there anything about Marlon’s behaviour that might suggest an acceptance? (use case law again).
What is the significance Ethuria’s cancellation of the Marathon and publishing the notice on the local radio? (use cases to support your arguments).
Summarise your arguments for Marlon.
1. Its Like Invitation to treat.

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