Legal Rights to Refuse to Sell Book

ENTERPRISE LAW
[Document subtitle]
[DATE]
Grizli777

Question 1
Issue
The issue is to find whether Carla has the legal rights to refuse to sell the book to Brendan
under the highlights of contract law.
Rule
A valid contract would be formed between the parties when there is a valid offer and
acceptance. Further, it is essential to distinguish between invitation to treat and an offer as
any display with the price tag is not an offer and mere invitation to treat. Also, when there is
invitation to treat then the respective party (buyer) has to make an offer to the seller parry
which may or may not be accepted by seller (Taylor & Taylor, 2015). According to the
verdict of Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd
[1953] EWCA Civ 6 case, the display of the medicine with price does not imply that the
medicine is offered at the written price rather it is invitation to treat. Also, the seller party has
to rights to refuse the offer of the buyer party. Further, the contract would be formed between
the parties when the offer of the buyer in the context of invitation to treat would be accepted
by the seller (Andrews, 2014).
Application
It is apparent from the case facts that Brendan wanted to purchase the ancient book which he
has seen in the display of Clayton Books Store at the mentioned price. The representative of
the store Carla has informed Brendan that the displayed book has already been sold to
someone. However, she asked him to search at the back store. Fortunately, he has found one
copy of the same book and then he has reached Carla with the displayed price to purchase the
book. It is apparent that displaying an object with price is mere invitation to treat and not an
offer. Thereby, the display for the sale of book is invitation to treat and hence, Carla has legal
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rights to refuse to sell the book to Brendan. This is because by agreeing to buy the book at the
agreed price, Brendan only made an offer and was not communicating acceptance.
Conclusion
It would be fair to conclude that Carla has the legal position to refuse to sell the ancient book
to Brendan because display of the book is mere invitation to treat and not an offer.
Question 2
Part A
Issue
The issue is to determine whether Edward has enacted a legal agreement with Greg or not
considering the presence of pre-requisite elements of agreement.
Rule
Offer would become enforceable when it reaches to the concerned offeree. However, the
enforceability of the acceptance depends on the timing as well as the mode of communication
used by the offeree to convey the acceptance towards the offer (Edlin, 2015). When postal
mode of communication is used by the offeree for communicating the acceptance, then the
acceptance would become enforceable on offeror at the moment when the offeree puts the
acceptance letter into the post mail box (Carter, 2016). In this context, the acceptance would
become valid and a contract would be formed between the parties. Here, it is not essential for
the enforceability of the acceptance that it would have received by the offeror in the given
time. The relevant case validating the above rule is Adams v Lindsell (1818) 1 B &Ald 681
(Parker & Davenport, 2014).
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