Question 1 Advice Simon if he has any contractual liability to Fernando and or Ali Introduction To begin the situation is to define whether or not Simon has established a contract with either Ali or Fernando Simon advertised his Lord of the Rings book Fernando believes the advertisement is an offer and mails him the cheque for the amount Ali and Simon communicate through emails and Simon tells Ali that if he does not receive an offer by 2200 the offer is off Ali sends an email at 2130 but Simon accidently deletes email by Monday Simon had sold the book EXAMPLE Initially the advertisement put forth by Simon is to be considered as an invitation to treat negotiate not an offer as decided in the case Partridge v Crittenden In this case the appellant advertised the sale of Wild birds and was accused of offering the sale of wild birds in the newspaper but the High court ruled in his favor and exonerated him The basis was that there was no way he could have had the intention of selling his birds to anyone who offered to buy them as he had limited stock Therefore could not be bound to legally accept anyone s offer to purchase them