Assignment On Judgment Of Pharmaceutical Society

Running head: BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

BUSINESS LAW1
1)
a) Applying the judgment of Pharmaceutical Society v Boots in the given scenario, where
it was stated that any product displayed with a certain price attached to it would not be sufficient
for the consideration of an offer but rather it would be an invitation to treat against which the
customer can make an offer which the shop-keeper has the right to accept or reject, it can be
advised to Rosella Ltd that they have the right of refusing Tom to sell the television for $200 as
the advertisement in the catalogue was a mere invitation to treat rather than an actual offer.
b) Under the contract law Rosella Ltd has the right to refuse the offer that Tom has made
for buying the television for $200 as the advertisement published by them was an invitation to
treat and they are not intended to be bound on the sellers as has been pointed out by the court in
the case Partridge v Crittenden.
As per the contract law no contract has been formed between Rosella Ltd and Tom. A
valid contract forms when there is an offer, acceptance, and consideration are made (Suff, 2013).
Here an offer was made by Tom to buy the television against the invitation to treat published by
Rosella, however, the offer was rejected by them. Hence it can be seen that the elements for a
successful contract was never fulfilled.
2)
a) The restraint of trade clauses are generally unenforceable if the court cannot be made
satisfied with its reasonability. The courts will consider two factors for the purpose of
considering the clause to be enforceable. Firstly, the clause needs to be reasonable. Secondly, it
should support the public interest (Nicholls 2015). It will consider the bargaining power
possessed by the parties involved. The duration of a restraint would also be considered while