Contract and Property Law Assignment PDF
Added on 2021-06-14
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Running head: CONTRACT AND PROPERT LAWContract and Property LawName of the StudentName of the UniversityAuthor Note
1CONTRACT AND PROPERTY LAWPart A:a)Issue: The issue in this case is concerned with the fact that whether Annie can take any legalaction against Desert Island Discs and recover her money.Rule:The law of contract has been protecting the parties who has been accepting the terms andconditions represented by the offeror in good faith. In this regard, it is worth mentioning thatsuch terms and conditions shall be enforceable under the law of contract, where the offereeundertakes a specific task by removing the demand for communicating acceptance and therebytransferring the invitation on the part of the offeror into a formal offer. It is noteworthy tomention here that, a contractual obligation can arise when there is an aim on the part of one ofthe parties to make an informal offer however; there may be an absence of a distinctive sentence.For the purpose of forming an essential contract there must be offer, acceptance, considerationand an intention to form legal relations. However there is a difference between offer andinvitation to sell. It is worth noting that, in order to make a valid offer there must beconsideration which the amount is paid on the part of one of the parties to bind them legally. Anoffer is made to a particular person and an invitation to sell is made to the public as a wholewhich was observed in Pharmaceutical Society v Boots [1953] 1 All ER 482, CA. In case ofoffer, the conduct of the offeror forms an important part of the creation of legal intention. InCarlill v. Carbolic Smoke Ball Co (1893) 1 QB 256 (CA), it was observed that the advertisementclearly represented the fact that there was an intention to form legal relations. In case of
2CONTRACT AND PROPERTY LAWPartridge v. Crittenden [1968] 1 W.L.R. 1204, it was observed that a advertisement not only actsas a mere invitation to treat but also as an offer as it forms a bilateral contract between theparties. Application:In the present case study, it can be observed that, the advertisement was clearlyrepresented that the discs will be sold five for $12.99. In this scenario, it is worthwhile to referthe case of Carlill v. Carbolic Smoke Ball Co (1893) 1 QB 256 (CA) because it was visiblyrepresented that there was an intention to create legal relations. The case of PharmaceuticalSociety v Boots [1953] 1 All ER 482, CA can be applied here because the nature of theadvertisement regarding the discs was more like an invitation to sell rather than offer. It isimportant to apply the case of Partridge v. Crittenden [1968] 1 W.L.R. 1204, because as a resultof the advertisement, there formed a bilateral contract between Annie and the Desert IslandDiscs.Conclusion:In the conclusion, it can be stated that, Annie could bring a claim against Desert IslandDiscs for breach of legal relation and recover her money which she paid for purchasing the discs.b)Issue:The issue in this case is that whether any defences are available to the Desert IslandDiscs.Rule:
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