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Business Law Essay

2339 words - 9 pages

INTRODUCTIONIn this assignment I intend to show and understand the law of contract using examples, real cases and legislations.First I will explain using examples and appropriate cases the difference between an offer and an invitation to treat. Then I will define the term consideration, showing the rules and including appropriate cases.I will then apply this knowledge to answer using real examples and cases the legal relations in business and commercial relationships with their differences.All this knowledge and through further research I will then apply the rules acts and legislation surrounding contracts to a real life situation.Explain using examples and appropriate case the difference between an offer and an invitation to treat.When someone makes you an offer, it is a proposal made on certain terms by the offeror together with a promise to be bound by that proposal if the offeree accepts the stated terms. The offer can be a bilateral one which means it is between two people (face to face) for example when a head teacher of a school wrights to a student offering them a place at their school this offer can only be accepted by that specific pupil. If an offer is made to a group it can be accepted by any member of that group. An offer can also be made unilaterally, which means it is an offer to the whole world for example the U.S. government has offered a reward for the whereabouts of Osama Binladen. The offer can be accepted by anyone who knows about it, and finds Binladen.An example of a case concerning a true offer is that of Carlill v Carbolic Ball Co (1893). The company was so sure of its smoke balls that they placed advertisements in newspapers stating that it would pay anyone who caught flu 0 after using its smoke balls as directed. Mrs Carlill bought one of the smoke balls, used it as directed but still caught flu. She claimed the 0 reward but was refused, so she sued the company in contract. The court held that in this kind of contract, which is known as a unilateral contract, acceptance consists of performing the requested act and notification of acceptance is not necessary. The court concluded that Mrs Carlill was entitled to recover the 0 reward.An invitation to treat this is were a person holds himself out as ready to receive offers, which he may then either accept or reject, an invitation to treat is not legally binding where as an offer is. For example if a shop displays goods with a price tag attached, this is not an offer to sell but an invitation for customers to make an offer to buy.The Fisher v Bell (1960) case were a shop keeper displayed a flick knife in his shop window. He was charged with offering for sale an offensive weapon contrary to the provisions of the Restriction of Offensive Weapons Act 1959. His conviction was quashed on appeal. The Divisional Court of the Queens Bench Division held that the display of goods with a price ticket attached in a shop window is an invitation to treat and not an offer to sell. This...

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