CONTRACT LAW TEASER

Lawstud

I’m assuming most of you reading this are familiar with the formal requirements, which are necessary to create a valid contract… Offer, Acceptance etc

So with the basics in mind my question is this: When is a contract formed when purchasing dinner in a restaurant? More particularly when does the “offer” “Acceptance” and “invitation to treat” come into play when purchasing dinner in a restaurant. Also are you buying goods or receiving a service?

Finally, if a service charge is included as part of your bill could you legally refuse to pay for same?

Jo King

The contract is made when the customer orders from the menu.
If the customer self serves the contract is made at the point when the customer can no longer change his mind, usually when the cashier has rung the items up on the till.

Service charges are discretionary in any event.

freshtodeath

Jo King wrote: »

The contract is made when the customer orders from the menu.
If the customer self serves the contract is made at the point when the customer can no longer change his mind, usually when the cashier has rung the items up on the till.

Service charges are discretionary in any event.

Do you mean to say that the customer ordering would be the acceptance part of the contract formation? I would have thought the menu would be an invitation to treat, much like a product display in a shop, rather than an offer.
What would happen, for example, if the restaurant were out of that particular food? Maybe they are contractually bound, but my view would be that when an order is placed they have the option of rejecting it (may be wrong though). It would seem to me in this case that the customer ordering would be an offer, and the chef actually accepting to cook the order would be the acceptance, just my thoughts.

Sangre

I would roughly say;

Menu - invitation to treat
Offer - customer ordering
Acceptance - Right away sir (should know what is still available)

Service charge will be stated on menu so will form part of offer.

Tom Young

No, you don't have to pay service charges unless they are conditional e.g., for parties of X or more etc.

Tom

Jo King

Sangre wrote: »

I would roughly say;

Menu - invitation to treat
Offer - customer ordering
Acceptance - Right away sir (should know what is still available)

The ordering process will involve offer and acceptance. The customer will not finish ordering until the waiter turns away and goes back to the kitchen. if something is not available at the time of ordering, the waiter will say so, and the customer will move on to an alternative.

pirelli

Adding a new dimension to the OP's post but Staying on Topic :

If the restaurant host forced the diner out mid meal, because he looked at the waitress funny and she felt like a sex object.

Would there be a cause of action for breach of duty or breach of contract and what would that cause of action be.