Due to a technical error in our reservation system for a brief period a small number of bookings were priced incorrectly. This email is to notify you of cancellation of your booking and to advise no funds will be deducted from your account.
incorrect price, and confirmed the offer. And because Aer Lingus confirmed the reservations at that price, presumably a contract was entered into.
An offer is essentially an expression of willingness to contract made with the intention that it shall become binding on the person making it as soon as it is accepted by the person to whom it is addressed. It will usually be a matter of construction as to whether or not the offer was made in the first place and whether or not it was intended to create a legally binding agreement. When considering such issues the court will distinguish between an offer and an invitation to treat that is not enforceable. An invitation to treat requires further confirmation by the invitor.
An acceptance is a final and unqualified expression of assent to the terms of an offer. It may sometimes be difficult especially in business to determine when the negotiations have ended and the offer has been accepted. The court will look at the entire negotiation to ascertain whether or not final acceptance had taken place. Acceptance can be deemed to have taken place through the conduct of the parties. The general rule is that acceptance must be communicated to the person who makes the offer, although there are exceptions to this rule, for example where the offer expressly waives the requirement. One of the main exceptions is where acceptance is made by post. In this situation acceptance happens upon the posting of the acceptance. In practice, most contracts in today’s business world will lay down very specific methods of acceptance.
The small claims procedure is limited to: a claim in respect of goods or services bought for private use from someone selling them in the course of a business (consumer claim). This is provided that the claim does not exceed €2000.00 in each case.