This Business Law Assignment discusses the legal principles and authority, application, and conclusion of the case. It also covers the issues and remedies that Donald is entitled to.
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Running head: BUSINESS LAW ASSIGNMENT1 Business Law Assignment Name Institution
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BUSINESS LAW ASSIGNMENT2 Issues The issues in this matter include: 1.Whether try and save is obligated to let Donald purchase kettle at the discounted price? 2.Whether the agreement between Donald and the manager is binding? 3.Whether the store has a legal obligation to find a stock of the toaster they advertised and supply Donald with one of them? 4.Which remedies is Donald entitled to if any? Legal principles and authority Sales of Goods Act Contract law act Common law Implied terms and conditions Application Try and Save advertised a toaster and failed to notify the public that the toaster advertised had run out of stock and discontinued. This was a case of an invitation to treat and Donald accepted the offer upon which the store was obligated to provide the toaster they advertised upon the customer’s request (Taylor and Taylor, 2017). In the event that the good advertised had run out of stock they were supposed to notify the public of the same in good time (Fulford, 2017). There are implied terms under the sale of goods stipulating the duties of the offeror and the offeree in all transactions as expounded in Fisher vs. Bell. Therefore, Try and Save is supposed to find another stock for Donald as an obligation on their part. Donald can sue Try and Save for damages.
BUSINESS LAW ASSIGNMENT3 A contract of sale of goods creates obligations for both buyer and seller (Bridge, 2012). Under the contract law there has to be offer the acceptance and consideration among other elements; Donald accepted the invitation to treat and it was the duty of the store to perform its duty as it presented on the invitation to treat. When the manager agreed to Donald’s request of buying the kettle at discount, the same had not been put in writing. Consequently treated as verbal agreement hence the store has no obligation under such circumstances (Fulford, 2019). For an agreement to be binding and enforceable it has to be written as stipulated in the provisions of contract law. Verbal agreement is not binding neither is it enforceable therefore the store is not obligated to selling the kettle to Donald at discounted price. Conclusion For an agreement to be considered valid and enforceable it has to be in written form. Once an invitation to treat is made and a person accepts the same then duty to provide for the goods advertised shifts to the seller.
BUSINESS LAW ASSIGNMENT4 References Bridge,M. (2012).Benjamin's Sale of Goods. Sweet & Maxwell Fulford,A. (2019). Contracting with students: Re‐thinking Higher Education as invitation to treat.Higher Education Quarterly. doi:10.1111/hequ.12222 Fulford,A. (2017). Oral Tradition and the Problem of Synoptic Verbal Agreement.Oral T Taylor,R., & Taylor,D. (2017). Contract Law Directions.Law Trove. doi:10.1093/he/9780198797739.001.0001radition and Synoptic Verbal Agreement, 17-37. doi:10.2307/j.ctvj4sw89.6