Legal Solutions for Desklib - Contracts, Liability, and Employment Rights

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Contents
Solution 1...................................................................................................................................2
Issue........................................................................................................................................2
Relevant Law..........................................................................................................................2
Application of law..................................................................................................................2
Conclusion..............................................................................................................................3
Solution 2...................................................................................................................................3
Issue........................................................................................................................................3
Relevant Law..........................................................................................................................3
Application of law..................................................................................................................3
Conclusion..............................................................................................................................4
Solution 3...................................................................................................................................4
Issue........................................................................................................................................4
Relevant Law..........................................................................................................................4
Application of law..................................................................................................................5
Conclusion..............................................................................................................................5
Solution 4...................................................................................................................................5
Issue........................................................................................................................................5
Relevant Law..........................................................................................................................5
Application of law..................................................................................................................6
Conclusion..............................................................................................................................6
Reference list..............................................................................................................................7

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Solution 1
Issue
Whether Fresco has violated the law by displaying the fishes at the counter and is regarded as
an offer for sale?
Relevant Law
A valid contract is the combination of an offer, an acceptance, legal intention, consideration
and capacity. An offeror when transfers his intention to the offeree then an offer is made. As
per Guthing v Lynn (1831). An offer can be made to the entire world or to the world at large.
But, when offers are not made, rather, offers are invited, then, it is categorised as an act of
invitation to treat. In an invitation, offers are received by an inviter and if an inviter accepts
offer, then, there is a valid contract. The display of goods at the shelf or the counter is
considered as an act of invitation to treat and is held in Pharmaceutical Society of Great
Britain v Boots Cash Chemists [1953].1
Application of law
As per the facts of the case, Dogford Council has send a court summons to Fresco after
inspectors from the department of food health and safety noticed that fish being sold in the
Sushi counter had been imported from a river near to the Fukushima Daiichi nuclear power
plant in Japan which was hit by a powerful earthquake in 2011. Now, one of the law was that
it is not legal to “offer for sale” any food imported from an area of the world where there is a
high possibility radioactive material. Before the customers could buy the same, the fish were
removed from the shelf by the store manager after he realised the error but the council insists
that the superstore has broken the law.
It is submitted that the display of the fishes at the counter is not an act of an offer to sale of
fishes to the customers as per Pharmaceutical Society of Great Britain v
Boots Cash Chemists [1953] the display of fishes is only an act of invitation to treat and any
customer who is interested in buying the fishes must come forward and must make an offer to
the manager.
Thus, there is no law that is broken by Fresco as the act of Fresco was not in contradictory to
the law laid down by the legislation.
1 E, Maclntyre, Business Law, 3rd edition, 2007, Pearson Longman.

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Conclusion
Fresco has not violated any law as the display of the fishes is only an act of invitation to treat
and no an act of offer for sale.
Solution 2
Issue
Whether the customers can claim the bottle of wine in exchange of the plastic bags from
Fresco?
Relevant Law
A valid contract is the combination of an offer, an acceptance, legal intention, consideration
and capacity. An offeror when transfers his intention to the offeree then an offer is made. As
per Guthing v Lynn (1831). an offer can be made to the entire world or to the world at large.
When the offer is made by the offeror specifying the mode of acceptance, then, a unilateral
offer is made and is held in Carlill v Carbolic Smoke Ball Company [1892]. The offeree
when gave his assent to the offer then an acceptance is made and is held in Entores v Miles
Far East Corp (1955). When a unilateral offer is made then the acceptance is said to be
complete by complying with the mode of acceptance and is held in Carlill v Carbolic Smoke
Ball Company [1892]. In law an agreement is enforceable when the same is supported with
valid consideration (Re McArdle (1951). As per Chappell & Co Ltd v Nestle Co Ltd [1959] a
consideration must be sufficient if not absolute. The parties must have legal intention and
have legal capacity.2
The compliance of all the elements results in contract formation.
Application of law
As per the facts of the case, Fresco in order to run a promotional campaign was offering a
prosecco wine to customers who brought back 10 used and torn plastic shopping bags as part
of an effort to protect the environment. However, after some time, the manager has stopped
of giving wine bottles when he got aware that the plastic bags are of no worth and the
customers were getting wine bottles by providing something which was worth less.
It is now submitted that Fresco has made an offer to the customers at large that by proving the
shopping bags they will get wine bottles. Thus, a valid offer was made as per Guthing v
Lynn . The customers by acting on the mode of acceptance, has acted as per the desires of
Fresco and thus an acceptance was made by conduct as per Carlill v Carbolic Smoke Ball
Company.
2 Ibid.