Enterprise Law: Legal Issues and Rules

ENTERPRISE LAW
STUDENT ID:
[Pick the date]

Question 1
Issue
Taking the case facts into cognisance, the key issue is to ascertain if Carla legally can refuse
the book requested by Brendan.
Rule
Considering that offer is a pivotal element for acceptance, it is imperative to differentiate
between invitation to treat and offer for acceptance. A relevant case which highlights the
same is Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd
[1953] EWCA Civ 6. In this case, it was held that the display of medicines in shelf with price
tag would be considered as invitation to treat instead of offer (Paterson, Robertson & Duke.
2015). As a result, when the customer expresses his/her interest in buying the medicines or
any other product, it would be termed as an offer. In response of this offer, the seller may or
may not agree to sell the underlying good demanded by the buyer (Andrews, 2014).
Application
As per the case facts provided, it is apparent that the Brendan is the buyer who wants to buy a
particular rare book. However, the store representative Carla informs Brendan that the copy
displayed is already sold and there is no more copy of the book. However, Brendan is able to
search one more copy of the book that is present in the shop. In order to purchase this offer,
the requisite amount displayed is offered which is refused by Carla. It is noteworthy that the
communication by Brendan to buy the book at a specific consideration was a offer.
Therefore, Carla can provide acceptance or reject offer.
Conclusion
On the basis of the discussion above, it can be concluded that owing to display of book being
invitation of being and not offer, hence Carla has the legal choice of denying acceptance to
the offer by Brendan.
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Question 2
Part A
Issue
The issue to find whether Edward and Greg would be bound with a legal agreement or not as
Greg has mailed Edward to ignore the acceptance.
Rule
Offer will be said to be enforceable when it reaches to the respective offeree. The
enforceability of the acceptance to form the contract is mainly dependent on the type of
communication mode used by the offeree to sent his/her acceptance. When traditional mode
of communication i.e. postal mode is used, then the acceptance would be immediately
enforceable when the offeree places the letter into post box (Taylor & Taylor, 2015). Also,
the acceptance sent via post does not dependent on the time involved for the letter to reach
the offeror to validate the enforceability of acceptance. The relevant case is Adams v
Lindsell (1818) 1 B & Ald 681 case. Moreover, it is also noticeable that the offeree cannot
revoke the sent acceptance as the contract has already been enacted between the parties at
that moment only when he posted the acceptance (Edlin, 2015).
Application
It is evident that Edward has sent his offer for buying some stuff from Greg on February 4.
This offer has become enforceable when it has reached to Greg on February 7. Here, Greg is
ready to buy the stuff as per the stated offer and therefore, he sent his acceptance letter by
using postal media. He placed the acceptance letter into the post box on February 7. At this
time only, the acceptance becomes enforceable and both the parties have entered into a
contract. Also, the acceptance letter has reached to Edward on February 11 which does not
impact the contract enactment as per the postal rule. Further, the email of Greg about
revocation of the acceptance sent on February 9 would not be valid as he had already enacted
a contract with Edward on February 7.
Conclusion
Greg has sent a valid acceptance to Edward through post which implies that they have
entered into a contractual relationship. Thus, Greg’s mail regarding the cancelation of the
acceptance would be invalid.
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