Introduction- An agreement can become contract only when it is enforceable in the court of law.

To
make it enforceable, a contract must fulfill all of its essential requirements. In every contract there must
be offer and communication of offer along with acceptance with reasonable amount of consideration. An
offer should be distinguished from an invitation to receive offers. An offer is the final expression of
willingness by the offeror to be bound by his offer, should the other party choose to accept it. But in
invitation to offer there is no final willingness to get bound by entering into contract. In the case of
Harvey v Facey, the distinction is made between the two with respect to the final willingness to enter into
contract. Advertisement is the form of invitation of offer.

Answer- There was no legal contract between Ben and Hardly Normal Pty Ltd.

Explanation- In the present case, Hardly Normal Pty Ltd., a electronic vendor, when gave the
advertisement he did not make the offer and therefore when Ben went to the store to accept the invitation
to offer, there was no contract formed because the first initial essential element of the contract i.e. offer
and communication to offer was not fulfilled. In that case, Ben acceptance was of no value. Further, had
the offer made by Ben was accepted by the sales manager, and then there would have been the contract,
buy nothing as such happened. In the present case, the sales manager Mary rejected the Ben’s offer by
saying that “Unfortunately, there has been a rush and we’ve sold out”. So, there was no breach of
contract.

There were two offers made in this case. First, offer made by Ben, seeing the advertisement and second
was made by Mary when Mary said “the only 3D plasma left is the demonstration model……They should
make you happy”. But Ben was not sure and wanted that offer should be open for him till the later date
i.e. next day (Friday). The sales manager agreed to keep it for him until then but failed and sold it to third
person the next day. Here again there was no formation of contract because there was no consideration for
keeping the contract open. Where the agreement to keep the offer opens for a certain period of time is for
some consideration, and then the offeror cannot cancel it before the expiry of that period. In the case of
Mountford v. Scott, the owner of a house agreed, in consideration of the sum of one pound, to give the
plaintiff an option to purchase the house for 10,000 pounds within a stated period. He was not allowed to
revoke the proposal within that time. The effect was that the offer was irrevocable for the specified period
of time and the offeree could accept it even if the intented revocation. But in the present case there was no
such consideration given by Ben.

Conclusion- There was no contract and revoking the promise done by the sales manager does not give
rise to any legal damages to Ben.