This case is about to judge whether the contract has formed between Carmen and Martin, the manager of the boutique. Carmen wants to buy the T-shirt shown to her yesterday, but it has been sold out after Carmen left the store yesterday.
The topic of the case is about contract. According to the contract law, there are four necessary elements to form contract, which are offer, acceptance, intention and consideration. As for the element offer, there are three important rules to judge if it is an offer, which are ...view middle of the document...
Since, Martin just told Carmen that she suited the shirt and didn’t show intention to send an offer to Carmen. That is to say, Martin didn’t send an offer to Carmen on 1st June, let alone making a contract. As for the next day’s situation, since they didn't have an offer between them, when Carmen visits the shop again and expresses her intention to buy the T-shirt, actually, Carmen is sending an new offer to Martin. That is to say, Martin can refuse to accept the offer and there will be no contract between Carmen and Martin.
In a conclusion, in our case, it can’t be regarded as an offer when Martin is trying to persuade Carmen to buy the shirt, which is to say, it is just an invitation to treat. In other words, there is no contract between them on the first day. Then, when Carmen revisits the boutique and wants to make deal with Martin, in fact, it is a new offer sent from Carmen to Martin. So, it is reasonable for Martin to refuse the deal and again, there is no contract about the T-shirt between Carmen and Martin.
Based on the above analysis, in our views, Carmen can’t sue Martin for breach of contract.