Using relevant case law explain why the distinction between an invitation to treat and an offer is important in Contract law.
Using relevant case law explain why the distinction between an invitation to treat and an offer is important in Contract law. An 'invitation to treat' is inviting parties to create a contract. It represents the preliminary stage of negotiation. A person making an invitation to treat does not intend to be bound as soon as it is accepted by the person to whom the statement is addressed. An invitation to treat is always a fixed price and a choice; it is not an offer to sell. Newspapers and catalogues are examples of invitations to treat. An 'offer' is defined as a statement of willingness where the person who is making the offer (offeror), promises to be bound in a contract if the terms of the offer are accepted by the person accepting the offer (offeree). An individual or organisation can make an offer to another individual (bilateral) another company or to anyone in the world (unilateral). An offer can be "express"- for example if A tells B he will sell his radio for £30. An offer can also be "implied" from conduct - for example when A brings goods to the supermarket cash desk. It is tough to differentiate between an invitation to treat and an offer as it depends on the intention of the party making an invitation to treat which is shown in Pharmaceutical Society of GB v Boots Cash Chemists Ltd [1932] 1 QB 401, where the defendants changed the format of their shop
Barristor and Solicitor
Describe the ways in which solicitors and barrister are trained (18 marks) In England, since the 15th century lawyers have been split up into two professions, barristers & solicitors. Solicitors have traditionally been the people who research cases and barristers have traditionally had rights of audiences in court. There are 60,000 solicitors in the U.K. and 6,000 barristers of which 4,000 are currently working in London. There are two ways to become a barrister. One would be taking a law degree and the other would be a non-law degree. If you want to become a barrister it is best to think about it from an earlier stage, especially if that person wants to qualify by doing a law degree. When taking law degrees most law courses last 3 years at university and it is important to ensure that a student is studying for an LL.B. course as for the others, such as BA courses, may not have all the key subjects in the course. Before taking the next stage of training, students must demonstrate that they have covered the same key subjects at University as solicitors. To become a barrister you need a good class degree, as competition is high; at least 2II is required. The law students need to decide whether they want to be barristers while at university, as all applications go to the Bar Vocational Course, this must be made in the first term of the last year at university. However, with
Voluntary Manslaghter - Notes and Evaluation.
Voluntary Manslaughter Voluntary Manslaughter is the term given to situations in which the defendant would be guilty of murder (i.e. he had the intention to kill or cause GBH) but due to a mitigating factor he is only guilty of manslaughter. These mitigating factors are when the killing occurs when the defendant is under diminished responsibility, provocation or a suicide pact. All of these defences are set out in the Homicide Act 1957. The defences are only available to murder and are only partial defences, which means that the defendant is not completely acquitted; the charge is reduced to manslaughter. Provocation - S3 Homicide Act 1957 "Where, on a charge of murder, there is evidence on which the jury can find that the person charged was provoked (whether by things done or by things said or by both together) to lose his self control, the question whether the provocation was enough to make a reasonable man do as he did shall be left to be determined by the jury." The defence consists of two elements; 1.) Did the defendant lose his self control? 2.) Would a reasonable person have lost his self-control? .) Did the defendant lose his self control? This is a subjective test in which the jury must be satisfied that the defendant lost his self control as a result of the provocation. In Duffy (1949) it was said that there must be a "sudden and temporary loss of self
the english legal system unit1 assignment4
(a) Describe the present organisation of the legal profession (Solicitors, Barristers and Judges). To what extent is this form of organisation capable of satisfying the legitimate expectations of those using or involved with the legal profession? In order to address this question I endeavour describing the present organization of the legal profession namely the roles of Solicitors, Barristers and Judges, and the ways in which they interlink with one another within the legal system. In turn I will assess whether the present organisation is capable of satisfying the legitimate expectations of those using or involved with the legal profession. There are many differences between the English Legal System which derives from the common law, and law operating in other countries. For example with that of Roman law which is the system adopted by the majority of countries in Europe. Primarily it is imperative to appreciate that the legal profession can be divided up under two main headings namely, Solicitors and Barristers. Each group has its own duties and functions and its own controlling body. The two professions are separate and distinct, different governing bodies control them, their qualification requirements are different and their traditions are different. One cannot be both a Solicitor and a Barrister. Out of the two, the Barrister is the 'senior' profession, although many
Common Law and Equity - its history and development
a) Briefly explain what William I found when he arrived in 1066 and what law he began to develop. William I was born in 1027 in Chateau Falaise in Falaise Normandy, France He was crowned Duke of Normandy at the age of 7. He was the first Norman King of England. When the Edward the Confessor passed away, there were three claimants-William, Harold Godwinson and Harald Hardrada. Edward had promised William the throne in London when he visited him there in 1052 but by vote of Witnagemot along with Edward's will Harold Godwinson was crowned King by Archbishop Aldred in January 1066. William was not happy so he submitted a claim to the English throne to Pope Alexander II, who sent him a consecrated banner in support. William then organised a council of war at Lillebone and in January began to assemble an army in Normandy. He defeated Harold's army on 25th September 1066 and arrived in England on 28th September 1066. When William I invaded England in 1066, he found out that in England there was no legal system or what is now called 'English law'. The law around the country was different with every area having their own laws. The legal system consisted of local courts known as the borough, shire and hundred courts. He did not completely destroy the laws he found around the country. Instead he preserved them. Eventually they were used as a foundation for the common law. He
The english legal system unit1 assignment3 three part question
(a) The HofL has declared that the system of precedent is an indispensable foundation providing certainty in the law. Explain how the system of precedent operates to pursue the goal of certainty whilst ensuring that certainty does not result in rigidity This essay seeks to consider the system of precedent being 'an indispensable foundation providing certainty in law.' In doing so it will also assess associated advantages and disadvantages with the current system. Finally, discussing whether or not 'certainty' has the effect of rigidity in the law. In essence, the Judicial Precedent doctrine refers to the fact that a decision of a higher court will be binding on an equal or lower court. The House of Lords stands at the summit of this hierarchy and its decisions are binding on all courts. The next court in the hierarchy is the Court of Appeal, and further down are the Divisional Courts, High Courts, Crown Courts, County Courts and Magistrate Courts. Our system of precedent (case law) means, in its simplest form, that Judges can adapt the law to suit changing circumstances and that a lower Court must follow Judgments issued by higher Courts. Also, binding precedent is based on the view that it is not the function of a judge to make law, but to decide cases in accordance with existing rules. Since Parliament is 'sovereign' it is the function of Parliament to make law.
A contract by definition is an agreement between two parties by which both parties are bound by the
IN THE COURT OF APPEAL (CIVIL DEVISION) BETWEEN: ERIC POLLARD (APPELLANT) -AND- VIV WINDSOR (RESPONDENT) WRITTEN ARGUMENT - SENIOR RESPONDENT; ISI BACKGROUND Viv Windsor bought a local shop and a computer, Anxious to please the locals, put an advert in the local news paper on a Saturday, stating that she would sell luxury chocolate shortbread for £2.50 instead of the recommended retail price of £5. She also stated that anyone wanting the shortbread should email her or come to the shop. Eric pollard, the appellant saw the email at 4.30pm on Saturday and sent her email on the same day. She realised that evening that she was making lose so she decided to revoke the advert. She contacted the newspaper who published her revocation 9.am the next morning. The paper got delivered to Eric at 10.30am Viv checked her email at 10.35am, She replied stating that the discount was no longer available. Eric sued her for breach of contract. A GROUND OF APPEAL There was no contract between Viv and Eric since the notice in the paper was not an offer but an invitation to treat. ARGUEMENT A contract by definition is an agreement between two parties by which both parties are bound by the law and which can therefore be enforced in a court or other equivalent forum. The law of contract has been known to
LAW OF DELICT
Law case studies for Delict DEBBIE GUNN CASE STUDY 1 Q1) What is a duty of care? A duty of care can be defined as a legal obligation, to give a level of care towards another individual, to avoid injury or harm to that individual or their property. It is that 'a person should take reasonable care to avoid acts or omissions that they could reasonably foresee to harm their neighbour'. This can be defined as say a father had a duty of care to a sick child to get that child to a doctor, if that father had done so he had acted to help that child so had acted in his duty to care, had he failed to do so and not have called the doctor to help then this would have been classed as an 'omission' or failure to act. In Danny's case he did not take reasonable care Under the law of Delict negligence is harm caused unintentionally and negligence claims come about because the person who is at fault or caused the harm owed a duty of care and has breached this by causing harm, loss or damage to the pursuer. In order to succeed when bringing a negligence claim the pursuer must show that the defender owed him/her a duty of care and the defender was in the position to cause harm which they failed to prevent occurring and the pursuer must also show that it was the defenders breach of duty that was the main cause for the loss or harm caused by him/her. The legal precedent for
Contract Law - Acceptance.
Acceptance Acceptance of an offer means unconditional agreement to all the terms of that offer. Acceptance will often be oral or in writing, but in some cases an offeree may accept an offer by doing something, such as delivering goods in response to an offer to buy. The Courts will only interpret conduct as indicating acceptance if it seems reasonable to infer that the offeree acted with the intention of accepting the offer. CASE: Brogden v Metropolian Rail Co (1877) Remaining silent cannot amount to acceptance, unless it is absolutely clear that acceptance was intended. CASE: Felthouse v Bindley (1862) Re Selectmove Ltd (1995) - The Court of Appeal pointed out that an acceptance by silence could be sufficient if it was the offeree who suggested that their silence would be sufficient. Thus in Felthouse, if the nephew had been the one to say that if his uncle heard nothing more he could treat the offer as accepted, there would have been a contract. Unilateral contracts are usually accepted by conduct. If I offer £100 to anyone who finds my lost dog, finding the dog will be acceptance of the offer, making my promise binding - it is not necessary for anyone to contact me and say that they intend to take up my offer and find the dog. Acceptance must be unconditional An acceptance must accept the precise terms of an offer. CASE: Tim v Hoffman (1873) - one party
Non-fatal Offences?
How satisfactory is the current law on Non-fatal Offences? Non-fatal offences against the person are assault, battery, assault or battery occasioning actually bodily harm (ABH), malicious wounding and Grievous Bodily Harm (GBH) with intent. The first two offences are defined in the Criminal Justice Act 1988, with the remainder being found in the Offences Against the Person Act 1861 (OAPA). There is a variety of sentences available ranging from imprisonment for six months to a life sentence for the most serious offence of GBH with intent (s.18 OAPA 1861). Moreover it could be argued that the current law on non fatal offences is not satisfactory and it is long over due for reform. Professor Horder of the Law Commission has stated that it is time to 'rethink non fatal offences against the person'. He has also argued that 'the desire for certainty and the fair labeling principle point to the need for greater distinctions between offences'. However to further this Henry LJ describes the current law as 'yet another example of how dreadful and appalling the present state of law is'.It is then no surprise that there are numerous calls for reform in this area. First it may be argued that the offences are poorly defined. There is still no clear statutory definition of assault and battery. Nevertheless the sentencing guidelines are found under s39 of the Criminal Justice Act 1988.
