The company France Direct Services (FDS) is a mail order company selling beauty products.

In order to increase its sales, it decided to organize a competition by sending its prospects, letters explaining that they had won 50,000 euros in competition and that if they wished to obtain the amount, they had to place an order for products with a minimum price of 50 euros.

On 10 November 2002, Gilberte Durant received a letter from the company presenting her as one of the possible winners of the 50,000-euro prize. The letter stated that she had been "notified of your participation in the prize" and that Ms Durant could only receive a prize if "your personal number is recognised as a winner".

It was not clearly stated that this was a competition.

Mrs Durant was delighted to receive such goof news and ordered beauty products worth over 150 euros.

When she did not receive her prize on 1 December, she decided to take legal action against FDS.

1) Can Mrs DURANT consider that a contract has been concluded with FDS?

2) Would you advise Mrs DURANT to take legal action against FDS?

Answer rating: 100% (QA)

1 In legal terms for a contract to be considered valid there must be a meeting of the minds offer a... View the full answer