Comments

    • Profile photo of MikeLittle says

      If I enter into a contract and agree personally to perform some activity for you – clean your windows or mow your grass – and then I die, clearly I am no longer able to perform the contract so the contract dies with me.

      But if I enter into a contract to buy goods from you at, say, 400 items per month and, after a few months, I die BUT NOBODY TELLS YOU THAT I HAVE DIED. So you keep delivering and my wife takes delivery but then refuses to pay because I died 3 months ago and so she claims the contract died with me. In that situation, my personality, me a living human being, is not essential to the contract – you can keep delivering and the address where I used to live before I died is accepting the 400 units per month. So my death is not crucial to the ongoing validity of the contract. But when NOTIFIED of my death, then the contract will cease. My widow may herself choose to enter into a similar contract, but that’s a new contract between you and her

      OK?

      • avatar says

        sorry – I mean I stop being personal when you know I am dead, but I am still a person if you do not know I am dead even though i am dead?

      • Profile photo of MikeLittle says

        Any contract you enter into is (presumably) valid. When you die, if there is still an ongoing incomplete contract which requires you as a living person to perform some action, that contract ceases because you are no longer able to complete your obligations (because you’re dead)

        If you enter into a contract which does NOT require you as a living person to perform some action, then the contract that you entered into whilst you were alive continues even after you have died …..until such time as the other party is NOTIFIED of your death. So it’s not the death that brings about the end of the contract – it’s the notification of the death

        Better?

  1. avatar says

    ‘Once in a lifetime opportunity to own a handmade Persian antique rug for only £1,500 – cash only. This is a serious
    offer – the rug will go to the first person who accepts it – offer valid for one day only – today Saturday.’

    is this an offer or a invitation to treat?

      • Profile photo of MikeLittle says

        No – this is an exception. The words “This is a serious offer” makes it an offer. It’s not the same as Partridge v Crittenden. There the issue was “Is an advert an offer for sale if it says “Offered for sale” and the Court said “No, it’s an advert and adverts are invitations” But with the Persian rug, the seller clearly says “This is a serious offer, valid for one day only” thereby making it an offer and not an invitation.

        Sorry Nicouzumaki :-(

Leave a Reply