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When a customer takes a seat in a restaurant who is an offeror and offeree?and why
And when a customer takes a seat in a taxi who is and offeror and offeree? And why
The restaurant situation? I imagine that the customer sitting at a table would be an implied invitation to the restaurant to make an offer. The waiting staff handing the menu to the customer would then be the offer and the customer selecting their choice would then be acceptance
Similarly, waving a taxi to pull up next to you would be an invitation. Telling the driver where you want to go would be offer and the driver saying ‘Yes, OK’ or whatever the driver might say that results in the hailer climbing aboard would be acceptance
But I know of no cases that have been decided for either of those two scenaria. There almost certainly are cases – but I’ve not come across them
OK?
Sorry, hope I am not being intrusive. Usually with restaurants you will generally ask for a table for a number of people even when walking in without reservation. Also I believe in UK, in licenced premises there is a general right to refuse service established in case law as long as not on discriminatory grounds against protected classes of people. On a slightly unrelated matter, I believe covid law requiring “substantial meal” be bought if drinking in pubs was successfully challenged on the grounds that it indirectly discriminated against some ethnic minority groups in poorer communities and was therefore unlawful.
The original post asks ‘When a customer takes a seat …’
I took this as a person walking into a restaurant without a prior reservation.
Where I am living now, this would not be an unusual occurrence
But if there is to be a prior reservation in the question, the call to make the reservation is merely an enquiry. Confirmation of table booking is just that – a confirmation. No consideration has at this stage changed hands nor even been mentioned
So, turn up at the appointed time and be shown to your table. Again, I suggest that this is an invitation for the restaurant to make an offer and that offer is made by the restaurant providing a menu
Order your meal and that’s the acceptance of the offer. The amount of the consideration is as identified on the menu and by booking the food the customer is accepting the offer to pay the designated money in exchange for the food that is delivered
Simply asking to make a booking at a restaurant surely is neither invitation nor offer (I believe)
OK?
Don’t believe I stated anything contrary above. Also I don’t believe it is always as clear cut as you claim above. For instance, in the past I have ordered something and later been told it is not available. I very much doubt this would be a breach of contract on part of restaurant. Think a lot of times circumstances of individual case would determine exact time contract formed. I would suggest much of time this would involve when meal begins to be cooked or ingredients mixed. Of course in practical terms damages would usually be limited regardless (another meal could be offered to customer or meal customer had ordered but changed mind about while cooking could be given to another customer).
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