Superior Used Cars Ltd. has as the most prominent display on its lot an immaculate, highly polished model which rotates slowly on a raised circular platform under powerful floodlights. The price is on the windshield - $17,700.00. Walking home one evening, Williams noticed the display and stopped and asked the sales agent for a demonstration. The sales agent then proceeded to try and interest him in several other models, which, she urged were "really better" than the one displayed, when Williams persisted in wanting to see the one displayed the sales agent replied that it was not actually for sale, but was being used as an advertising gambit.
Has Williams any claim that a contract existed? Provide reasons.
Contracts require consideration. Did Williams provide any consideration?
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Williams does not have any claim that a contract existed in this situation. A contract requires an offer, acceptance, consideration, and an intention to create legal relations.
In this case, the sales agent did not make an offer for the displayed car. Instead, she tried to interest Williams in other models and stated that the displayed car was not actually for sale. The displayed car was being used as an advertising gimmick, implying that it was not available for purchase.
Without an offer from the seller, Williams cannot accept and form a contract. Additionally, since the sales agent clarified that the displayed car was not actually for sale, there was no intention to create legal relations. Therefore, there was no contract formed between Williams and the dealership.