This question concerns the law relating to offers and invitations to treat, in particular advertisements. I will be discussing the distinction between the both and how this applies to the question concerned.

Question 1 This question concerns the law relating to offers and invitations to treat, in particular advertisements. I will be discussing the distinction between the both and how this applies to the question concerned. A genuine offer must be distinguished from an 'invitation to treat' i.e. where a party is merely inviting offers, which he is then free to accept or reject. Invitations to treat are pre-contractual negotiations taking place during the course of an agreement. They differ from offers in that they are not legally binding; therefore identifying the legal status of the statement will depend on the application of the common law rules which distinguish an offer from an invitation to treat. An offer may be defined as a statement of willingness to contract on specified terms made with the intention that, if accepted, it shall become a binding contract. An offer can be addressed to one particular person, a group of persons, or the world at large, as in an offer of a reward. One area of the distinction between an offer and an invitation to treat has risen in advertisement. Advertisement of goods or services for sale are normally construed as invitations to treat. Here a contract will not be formed until the person seeing the advertisement has made an offer to buy, which has then been accepted. As determined in Partridge v Crittenden (1968)1 it was held to be an

  • Word count: 1305
  • Level: University Degree
  • Subject: Law
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Contract law - Unfair terms.

Contract law -- Unfair terms It is commonplace for a party drawing up a contract to seek to minimise the amount of liability that may be incurred in the performance of that contract. Contractual clauses that have this effect are usually called `exclusion clauses' or `limitation clauses'. There is a whole academic debate about the doctrinal significance of these clauses in the law of contract. This debate centres on whether they are `defensive' or `obligation defining' in nature. This is of little practical significance, because the courts and, more recently, the legislature have come down in favour of the `defensive' interpretation. Arguably, this `defensive' view is more prevalent in the UK than the European Community (EC), and this may account for some of the problems that are described in this article. Exclusion clauses often attempt to exclude or limit liability for losses arising out of breach of contract, or for extra-contractual liabilities. Extra-contractual liabilities will often include losses for misrepresentation, or negligence in performing the contract. In practice, most peoples' exposure to the sharp end of an exclusion clause is as a consumer in a sales or services transaction. For example, may of us who use public transport have experienced entering into contracts in which the service provider excludes liability for being unable to run a tolerably useful

  • Word count: 2600
  • Level: University Degree
  • Subject: Law
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The Decision Made by  Rougier J inBernstein v Pamson Motors can lead to fundamental injustice for buyers of goods - Discuss.

The Decision Made by Rougier J in Bernstein v Pamson Motors can lead to fundamental injustice for buyers of goods. Discuss In a Sales of Goods Contract both the seller and the buyer are placed under certain obligations, that is to say they have certain duties to perform. If it is found that one of the parties has not performed their side of the bargain then the injured party will be entitled to claim damages for any loss resulting from such a breach. In some instances a party may, however seek a more powerful remedy that damages. This is apparent in situations where a buyer will seek to reject the goods and in doing so effectively repudiate or terminate the contract. A right of repudiation is generally found in circumstances where a condition of the contract has been breached. This is provided for in Section 11(3) of the Sale of Goods Act 1979; "a stipulation in a contract of sale is a condition, the breach of which may give rise to the right to treat the contract as repudiated, or a warranty the breach of which may give rise to a claim for damages but not a right to reject goods and treat the contract as repudiated." Within the Act there are several implied terms that can be construed to favour the buyer if one of these terms is broken it is clear that the classification of such a term is important in determining the remedy that will be available. Thus those terms, which

  • Word count: 2674
  • Level: University Degree
  • Subject: Law
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Consumer law : offer and acceptance on claim

Consumer law : offer and acceptance on claim To establish whether James has a case against 'Detox Ltd' we have to find evidence of a contract between himself and 'Detox Ltd'. Contracts are generally formed when two parties exchange promises and have reached agreement. This exchange has to have been formed on the basis of an 'offer' by one party and an 'acceptance' by another with the 'intent' to form a bilateral contract which is legally binding. The intent is generally regarded as being objective, with the court looking at what is said and done rather than trying to piece together what went on in the minds of the people involved. See Gibson v Manchester City Council [1979] 1 ALL ER 972. However, advertisements such as 'Detox's' do not require any communicated acceptance: A poster asking for the apprehension of a criminal and upon that apprehension a reward is given is referred to, as a unilateral contract. This is because no one actually has to look for the criminal, no promise is made to do so, no one is legally bound to do so, it is said 'to be an offer to the whole world'. One party with no need for any other negotiations makes the reward or offer. The 'acceptance' of this type of contract is in the actual performance, or specified conduct, which is required to receive the reward, looking for, finding, and then delivering to the offeror. See Errington v Errington [1952] 1

  • Word count: 1874
  • Level: University Degree
  • Subject: Law
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This problem question, regarding D & M Rewards, concerns the area of Contract Law. The main issues raised within this area are of offer and acceptance, the intention to create legal relations, method of communication and consideration

L aw of Contract Assignment Question This problem question, regarding D & M Rewards, concerns the area of Contract Law. The main issues raised within this area are of offer and acceptance, the intention to create legal relations, method of communication and consideration. If the leaflet is believed to be an offer, then the point at which the leaflet becomes part of a legally binding contract must also be identified. Treitel defined a contract as being: "...an agreement giving rise to obligations which are enforced or recognised by law. The factor which distinguishes contractual from other legal obligations is that they are based on the agreement of the contracting parties."1 It must first be established whether the leaflet would be considered, by the reasonable person, to be an invitation to treat or an offer. As shown in Partridge v Crittenden2, it is not always easy to distinguish between the two, although it is imperative to do so. The case of Partridge v Crittenden3 concerns an edition of 'Cage and Avery Birds' which advertised Bramblefinches for sale at a price of 25s each, contrary to the Protection of Birds Act 1954. The seller was charged under the Act, on the grounds that the advertisement was thought to be an offer for sale. The Court held that the advertisement was not an offer, but it was an invitation to treat and so the advertiser was not convicted. An

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  • Level: University Degree
  • Subject: Law
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Contract Law - Problem Question

Obligations I Assessment Two A contract is a legally enforceable promise or an agreement. In order to establish a contract a number of preconditions must be satisfied; offer, acceptance, consideration (degree of value), certainty and intention to create legal relations. It has already been established that a binding contracts exists between Geraldine and Leo, and Geraldine and Fred. However a number of legal issues are evidently illustrated in this case with regards to the termination of these contracts. In the first part of this essay I will consider the contract terms between Geraldine and Leo; analysing whether a termination was justified and the effects of the termination in relation to remedies. In the second part I will analyse the contract between Geraldine and Fred; whether the contract was frustrated and if the contract was not, what claims Fred will be able to bring against Geraldine. Before we examine whether the termination was justified it is important to determine whether the use of Victorian style lights were an expressed or implied term of the contract. Express terms are those the courts find have been specifically agreed by the parties, and can be made orally and/or in writing. According to authority in L'Estrange v. F Graucob Ltd [1934]1, if it is a signed contract, there is the assumption that the contents of that contract are express terms. Since Leo is

  • Word count: 2086
  • Level: University Degree
  • Subject: Law
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Discuss the significant features of the Contract (Rights of Third Parties) Act. Is its Enactment to be Welcomed?

Discuss the significant features of the Contract (Rights of Third Parties) Act. Is its Enactment to be Welcomed? It is important in the evaluation of any new development in the law to look at the situation that was in force previously. Only then is it possible to analyse the resultant changes and, specifically, to evaluate the current position. At common law it has been generally accepted by the courts (although there is some objection to be found in academic writings such as Flannagan's article 'End of an Erra (Error)') that there is a doctrine of privity of contract. This doctrine states firstly that a contract cannot confer rights on anyone except a party to it and secondly that it cannot impose liabilities on anyone except a party to it. These are referred to as the 'benefit' and the 'burden' side of the doctrine respectively. The foundation of this doctrine is generally given to be the case of Tweddle v Atkinson from 1861. In that case, the parents of a bride and groom (A and B) contracted that they would both pay money to the groom, the third party beneficiary under the contract. When the third party, William Tweddle, sued A for the sum promised he failed, on the basis that 'consideration did not move from the plaintiff, William Tweddle.' This doctrine was approved by the House of Lords in 1915 in the case of Dunlop Pneumatic Tyre Co. Ltd v Selfridge. The

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  • Level: University Degree
  • Subject: Law
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Contract Law and case study - In this case scenario the representative of house warm LTD Visits A and offers A the Offeree a loft installation

Contents CONTENTS Page 2 INTRODUCTION Page 3 OFFER AND ACCEPTENCE AND TERMS Page 4-8 CASE SERRINO Page 9 CONCLSION Page 10 BIBLOGRAPHY Page 11 Introduction In this assignment I will discuss the principles of contract law in relation to offer and acceptance, certain terms and conditions, in the formation of the contract. I will also the case scenario given with this assignment and reach my own conclusion and advice I would give to the scenario. Offer The person making an offer is called the offeror, and the person to whom the offer is called the offeree. A communication will be treated as an offer if it indicates the terms on which the offer is prepared to make a contract. An offer is defined as "an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed", the "offeree" The "expression" referred to in the definition may take different forms, such as a letter, newspaper, fax, email and even conduct, as long as it communicates the basis on which the offeror is prepared to contract. (Such as the price of the good of sale) and gives a clear a indication that the offerer intends to be bound by those terms if they are accepted by the offeree. An offer maybe express, as when Ann tells Ben that she will sell her cd player for £200 but it

  • Word count: 1940
  • Level: University Degree
  • Subject: Law
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We are the team representing the XYZ Airport Services to negotiate with the Airport Authority, attempting to reach an agreement of contract renewal.

INTRODUCTION We are the team representing the XYZ Airport Services to negotiate with the Airport Authority, attempting to reach an agreement of contract renewal. Here is the strategic plan of negotiation, adopting the skills of negotiating and influencing, which are a complex network of interacting skills and must be used together to turn out the best mutual agreement. We create value by listening very carefully to the Authority's needs and interest, and help them to learn about ours then look for ways to integrate the interests together, when we get our needs and interests met, we claim value. Balancing these two tasks is essential (McRae,1998). Skills of Negotiation According to Guirdham (2002), negotiation is the process of back and forth communication aimed at reaching agreement with the Airport Authority in our case, when we are both sharing and opposing some interests. (definition) Stages of effective negotiation We have to follow the four stages of effective negotiation (Week 7 video clip; Fowler, 1996:136): Prepare: It is analytical and the essential part of working out the trade-offs, central issue, subjective and barriers. This has to concentrate on the common interests of both parties - to solve the problems of delay in luggage delivery to rebuild the reputation and renew the contract. We have to value, which are the most valuable for XYZ and cheap to

  • Word count: 1088
  • Level: University Degree
  • Subject: Law
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Contractual terms

Contractual terms are statements that form part of a contract. Parties to a contract will normally be bound to perform any promise that they have agreed to, and failure to perform this promises, or a unsatisfactory performance, may lead to an action for breach of contract. Some statements, however, do not form part of a contract, even though they might have led the other party into entering into the contract in the first place. These pre-contractual statements are known as representations. The consequence of such representations turning out to be false is an action for misrepresentation, not an action for breach of contract. The key consequence of this distinction is that each of these actions provides different remedies. It is important, therefore, to decide precisely what promises are included in the contract. Types of contractual terms Once it is decided that a statement is a term, rather than merely a pre-contractual representation, it is further necessary to decide which type of term it is, in order to determine what remedies are available for its breach. Terms can be classified as one of three types. (1) Conditions A condition is a fundamental part of the agreement - it is something which goes to the root of the contract. Breach of a condition gives the injured party the right either to terminate the contract and refuse to perform their part of it, or to go through

  • Word count: 1064
  • Level: University Degree
  • Subject: Law
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