Wednesday, February 5, 2020
Business Law Essay Example | Topics and Well Written Essays - 1500 words - 1
Business Law - Essay Example He meets Britneyà Arrows at a Chamber of Commerce Lunch on 2 October and offers to sell her his Ford Fiesta for ?2,000. Britney saysà that she will consider his offer and get back to him. Britney thinks about Peterââ¬â¢s offer for two weeks and thenà decides that she would like to buy the car. On 16 October, she sends a letter of acceptance to Peter at the addressà written on the business card which he gave to her at the lunch. As a result of the postal strike, Peter does not receiveà the letter until 20 October. Unfortunately, he sold the car to Samantha Snake on 18 October because he thoughtà that Britney must have decided that she did not want it. Britney is furious when she discovers what has happenedà and says that Peter has broken their contract.à In November, Peter is visited by the sales representative of a company called Microwave Madness Ltd.à Following their discussions, Peter agrees to order 10 microwaves and signs the sales agreement withoutà rea ding it. ... Last night upon arrival at work, Andre was told by the manager he would notà be allowed to work and that he was dismissed with immediate effect. On asking why, Andre was told thatà the till he operated was ?10 short. Andre became very angry at hearing this and swore at the manager andà the owner and threatened both with violence. He had to be forcibly removed from the pub.à 1. Advise Peter in relation to any contractual and tortious liability arising from these facts. You should address the following issues in your answer.à Peterââ¬â¢s potential contractual liability to Paris.à Peterââ¬â¢s potential contractual liability to Britney.à Microwave Madness Ltdââ¬â¢s liability to Peter under the law of contract AND tort.à (85 marks)à 2. Advise Andre as to whether or not he will have any rights against the pub.à 1. The first proposition relates to contract law and whether Peter has any contractual liability towards Paris. The first issue is whether a contrac t existed between Paris and Peter for the former to enforce any contractual rights against the latter. A contract is formed when there has been an unequivocal offer to enter into a contract by one party and that offer has been duly accepted and that acceptance has been communicated to the offerer. Therefore, an offer and an acceptance are two integral parts of a contract, in absence of either the contract would not be deemed existing. An offer is defined as an expression of willingness to enter into a binding contract. However, not all statements are offers: a communication that is not an offer could be a statement of intention (Harris v Nickerson), supply of information (Harvey v Farcey) or an invitation to treat. In a statement of
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