Contract Law Cases - 5691 Words

Ratio Decidendi A n advertisement with element of reward is a public offer. Case Carlill v Carbolic Smoke Ball Co [1893] Facts An advert placed for smoke balls to prevent influenza. offered to pay  £100 if anyone contracted influenza after using the ball. Deposited  £1,000 with the Alliance Bank to show their sincerity in the matter. The plaintiff bought one of the balls but contracted influenza Held she was entitled to recover as (a) The deposit of money showed an intention to be bound, therefore the advert was an offer; (b) It was possible to make an offer to the world at large, which is accepted by anyone who buys a smoke-ball; (c) The offer of protection would cover the period of use; and (d) The buying and using of the†¦show more content†¦Products on display are only an Fisher v A shopkeeper displayed a The knife had not, in law, been Bell [1960] flick knife with a price tag offered for sale. According to the in the window. The law of contract the display of an invitation to treat and not an offer. Restriction of Offensive Weapons Act 1959 made it an offence to offer for sale a flick knife . The shopkeeper was prosecuted in the magistrates court Harvey v Facey [1893] The plaintiff sent a telegram to the defendant to sell property. Telegraph lowest cash price. The defendant reply was â€Å"lowest cash price is  £900†. The plaintiff telegraphed â€Å"we agree to buy †¦.. for  £900 asked by you†. article with a price on it in a shop window is merely an invitation to treat. It is in no sense an offer for sale the acceptance of which constitutes a contract. It was held that the defendant’s telegram was not an offer but simply an indication of minimum price the defendant would want. An Offer must be distinguished from a mere supply of information An Harris v Auction of sale of furniture advertisemen Nickerson was advertised in a t is only an newspaper London broker [1873] invitation to saw the advertisement and It was not an offer as it was not clear definite or unequivocal from the advertisement that the auctioneer wanted to sell the items treat and not an offer. travel to London to attend the sale the items had been withdrawn from the sale before he arrivedShow MoreRelatedLaw Contract Case Study970 Words   |  4 Pages Case 1 Issue This problem addresses the issue of agreement, whether there is a valid contract or the offer may be terminated. In order to the contract being valid and enforceable, there is a need for the conduct of an offer and an acceptance. Rule For an offer to be valid, it contains some rules, including lapse of time. When an offer is made, it does not last forever. An offer stated to open for a specific period, lapse if the there is no acceptance within that time. If there is no set time forRead MoreContract Law Case Study Essay1980 Words   |  8 PagesContract Law Case Study Both the parties in the question have come to a problematic situation which is complicated to resolve. Friends of the Forest (Friends), represented by Christabel, is involved in a commercial trade with Paper Supplies Pty Ltd (Paper) which is represented by Dee. A contract needs four essential elements to exist. In the situation, it is obvious that the four elementsRead MoreContract Law: Case Summary1738 Words   |  7 Pagesï » ¿Assignement 1 contracts Sayres v. Wheatland Group, L.L.C., 79 Va. Cir. 504 (Va. Cir. Ct. 2009) CASE SUMMARYPROCEDURAL POSTURE: Plaintiff filed suit against defendants alleging that the contract for the construction and sale of a home that was at issue in this case was void, invalid, and unenforceable. Plaintiff also alleged that he was entitled to rescission and cancellation of the same contract. Defendants filed a counterclaim for specific performance of the contract of sale. Plaintiff movedRead MoreContract Law Case Study1462 Words   |  6 Pagesfirst we need to identify if there is a legal binding contract, a contract is a agreement which the law will enforce, a contract is a part of common law, common law is also called custom law, it is made by the judge to protect the community against the crimes, when an issue goes to court and there is no statue law that covers it, a judge will hear the case and issue a verdict. the record of this verdict becomes a precedent so that when similar cases arise, other judges may take into account the penaltyRead MoreContract Law: Jeremy s Case Study617 Words   |  3 PagesJeremy wants to void the contract at this point and Smooth will obviously resist this. There is an absolutely critical piece of information missing, however, without which a final decision on this case cannot be rendered did Jeremy turn 18 in the interim between signing the contract and making his latest payment? In contract law, a contract made with a minor is invalid because the minor is not considered to be a legally competent party (Lawyers.com, 2012). Thus if Jeremy is still a minor he wouldRead MoreContract Law Vs. Kent Case1949 Words   |  8 PagesContract law has set out to provide a healthy trade environment. Contracts are promises enforced by the law, with the support of something of value that has a legal purpose. It is an agreement between parties, formed by the elements: offer and acceptance, with all parties having the capacity to perform obligations enforceable by law. There are instances where the enforcement of a contract would bring about gains or losses to society and commerce. In the Jacob Youngs, Incorporated vs. George E.Read MoreCase Studies : Contracts, Business, And Laws5126 Words   |  21 Pages Case Studies Analyses Contracts, business, and laws are three simple little words, but when put together they have a substantial impact on our everyday lives. Below we will discuss three case studies. The first case is between Chris, Matt, and Ian vs. Donald Margolin, who was injured when he used an aftershave lotion that he bought off the internet called Funny Face. The second case is between Sam, his landlord, and a national chain store. Sam is being accused of conducting business from his apartmentRead MoreThe Complexity of Contract Law in the Yumy Chocolate Case1051 Words   |  5 PagesThe scenario I have been given highlights the main complexity of contract law. It touches on issues such as unilateral contracts, revocation as well as advertisement. I will be advising Mick (claimant) answering: Whether Yummy chocolate is liable to give a year supply of chocolate as advertised? Firstly we look at the advert which was placed on 3rd March in â€Å"every newspaper† in order to promote their new product. It is an established principle that advertisements are invitation to treat rather thanRead MoreBusiness Law: Analysis of Contract Case Study2061 Words   |  9 PagesBusiness Law Written Assignment Advise whether the terms of the Licence Agreement apply and whether the Exclusion of Liability clause is valid and effective in protecting UcanB007 from liabilities. [pic] The foremost issue pertaining to this case is that of whether the terms of the License Agreement are part of the contract between Ah Siong and UcanB007, and hence the enforceability of the terms should Ah Siong decide to sue UcanB007 in contract for his losses. Due to the nature of this case beingRead MoreMildura Office Equipment and Supplies912 Words   |  4 Pages 1. The facts relating case of Mildura Office Equipment Supplies Pty Ltd v Canon Finance Australia Ltd [2006] VSC 42 (16 February 2006),is updated on webpage www.austlii.edu.au . In corner left of page, in the case and legislation section select Victoria. The case law section appears in front. There is Supreme Court of Victoria 1994(AustLII) beneath it. The year on which this case was held i.e. 2006 is chosen at this page and is located in the month of February. 2. A person or party agree/promises