MOOT PROPOSITION

Tamanna Memewala has just bought “ConCon Electronics” in the city of Irony in the state of
Punland in the country Similistan and, anxious to please the locals, decides to put an
advertisement in the local paper 'Aaj ka Akhbaar' stating that she will sell 32-GB USB keys at a
discounted price of ₹ 400, instead of the recommended retail price of ₹ 600. It also stated that
there are only 30 keys available.

Tamanna has recently bought a computer from her daughter, Tripti, to help her with the running
of the store. The advertisement states that anyone wanting the USB keys should contact
Tamanna in person at the store or e-mail her at tammy@conconelectronics.co.si

The advertisement appears in the local paper on Saturday. Satya Samson, who sells stuff online
on www.babazon.com, sees the advertisement at 4.30pm on Saturday afternoon and immediately
sends an e-mail to Tamanna ordering 15 USB keys. He also puts up USB keys for sale online at ₹
450 per piece, in response to which he received 7 orders. The e-mail is received on Tamanna’s
machine at 5.09 pm on Saturday. On Saturday evening Tamanna realises that the discount was
too generous as she is making no money on the USB keys and people are not coming to the
store and buying other items as she had hoped. She calls the local paper asking them to put
notice in the next day informing people that the discount price is no longer available.

The Sunday paper is published at 9am on Sunday morning and it is delivered to Satya at
10.30am. Tamanna opens for business at 10.00am on Sunday. She reads Satya's e-mail at
10.35am, but refuses to sell him the USB keys. She replies stating that the discount is no longer
available. Satya sued Tamanna for breach of contract but at first instance the judge found for
Tamanna on the following basis:
(A) There was no contract between Tamanna and Satya since the notice in the paper was not an
offer but invitation to treat; and
(B) Even if the notice did amount to an offer it was withdrawn before acceptance.

Satya has now appealed against the above decision in the High Court of Punland.

Assumption: The laws of Similistan are in pari materia with the laws of India.