University of Chester Business Law Assignment: Consumer Rights

This report addresses a business law assignment concerning consumer rights and negligence. The first question examines the consequences of misleading advertisements, referencing regulations and legal principles like the Consumer Protection from Unfair Trading Regulations and the Advertising Standards Authority (ASA). It discusses the difference between offers and invitations to treat, using case law like Partridge v. Crittenden. The second question focuses on misrepresentation, with David and Helene claiming against Snaz Bar for false advertising. The report analyzes the elements of misrepresentation and provides case examples like Bisset v. Wilkinson and Pankhania v. LB Hackney. The third question deals with negligence, where Helene gets scalded by a faulty take-away cup. The report examines the legal principles of negligence, including duty of care, breach of duty, causation, and damages, along with potential defenses for Snaz Bar. The assignment provides a comprehensive overview of relevant legal concepts and their application in business scenarios.

Business Law

Question 1:
Here David and Helene place orders by seeing company’s advertisement. Hence, it is important
to discuss about consequences of misleading advertisements first.
Misleading advertisement:
The Consumer Protection from Unfair Trading Regulations means one cannot mislead or harass
consumers by, for example:
 including false or deceptive messages
 leaving out important information
 using aggressive sales techniques
The The Advertising Standard Authority (ASA) may consider the 2008 Fair Trade
Consumer Protection Regulations when regulating complaints about the display of alleged
unfair commercial activities.
The ASA will equally clearly consider the concept of advertising exchange. It will be
based on the likely impact on buyers, not on advertiser's expectations. Several sections of the
Code contain clear principles or proposed principles to protect customers from false advertising
claims. For example, the Children and Remedies sections of the Code include decisions that
affect, just like the general principles, the promotion of letters that fall under these sections. If
advertising communications persuade customers to purchase an item or administration
through a severance sale, advertisers must seek legal advice to ensure compliance with the
Consumer Contract Rules (Information, Cancellation and Charges Additional) 2013.
Offer or Invitation
According to the UK contract law, a contract has following essentials which include
offer, acceptance, consideration and intention. An offer must be given to other party which
must accept it. If it accepts it with any modification to the offer it shall be considered as counter
offer and not the acceptance. An offer is a wish given by someone at another meeting to make

an authoritative contest with certain conditions. The acknowledgment must result in a valid and
duly authoritative agreement at all meetings. Encouragement to negotiate is fundamentally a
challenge to initiate contracts with the purpose of bidding. The templates include a recruitment
agency welcoming candidates or a café chart card showing the costs.
Despite this, news officers may be held responsible for any misleading messages posted
in their advertisements. Although they can make specific points on their articles, and these
issues need to be obvious, they are not offered in a contractual legal sense.
If charming words are used to intend to associate with someone and trust in all terms is
appropriate, the warning is likely to be seen as a suggestion rather than an incentive to deal.
Declaring a cost without anyone else is usually an incentive to negotiate, but if the store agrees
to take a special cost by sending vouchers, there may be an offer to be known when the
customer goes to the counter.
An offer is different from invitation to treat. An offer leads to a binding contract after it
is accepted whereas the invitation to treat cannot be accepted because it is invitation to offer.
An invitation to treat is an activity that welcomes a number of meetings to propose the
conclusion of a contract. These actions may from time to time appear, according to all accounts,
to be self-serving, and the separation can be difficult at times to make a decision. Evidence is
important because accepting an offer makes a coupon contract while "accepting" a challenge
that is genuinely dealt with means making an offer.
Advertisements are usually invitations to treat, which allow buyers to refuse to sell
products at erroneously proven costs. Similarly, advertisements may be viewed as offers in
certain cases. Settlements are sometimes applications until they are processed that allow the
seller to identify offers and choose which ones to identify. However, if the seller confirms that
there is no saving cost or that the cost of saving has been met, the sale will be treated as an
offer recognized by the highest bidder. In case of Partridge v. Crittenden, the court held that
advertisements are invitation to treat and not the offer.
It is essential to separate from that, assuming that an individual thinks he is accepting an
offer but only accepting the bargaining incentive, recognition would mean that he is accepting

making an offer, not accepting the first one. All required terms of the offer must be identified
and communicated to the offer or recipient. On the off chance that the arbitrator does not
respond with a combination of one of the first terms, this is seen as a counteroffer, which
essentially affects the completion of the first offer.
Rule 3.3 states that display match may not show buyer by blocking content data. They
must not deceive by hiding substantial data or entering it in an obscure, understandable,
curious or inconvenient way.
Product data is data that the buyer has to decide on in order to know the options that
correspond to an item. Whether the prohibition or introduction of material data could deprive
the buyer depends on the specific situation, the medium and, if the vehicle of the promotional
communication is subject to the obligation of time or place, the steps taken by the advertiser to
make such data accessible to the buyer by various means.
According to Substantiation rule 3.7 before distributing or issuing distribution incentive
letters, advertisers must maintain documentary verification to confirm claims that customers
resemble a target and are equipped for target verification. The ASA may consider applications
as rejections without sufficient evidence.
ASA believes that inappropriate claims are considered to relate to all contentious issues.
Core claims only need to be verified with authentication if they are clearly puffery (i.e., claims
that buyers are unlikely to actually include). Claims about the target leadership must clarify the
part of the article or the advertiser's display that is said to be common.
Question 2
David and Helene can fully claim for the bad services provided by Snaz Bar and Grill for
Misrepresentation. David and Helene will get their claimed amount only if their accused is
proved in consumer court and Snaz Bar failed to give proof that they are serving what they
advertised in news article. As, company clearly states that for Vegans, they use sunflower oil
but in reality they didn’t use that. Hence, it is clear case of misrepresentation; here David and

Helene are in the position to claim for misrepresentation of information and also they have a
right to institute a legal action against the Snaz Bar.
Case example:
In Bisset v. Wilkinson, the claimant purchased the piece of land (farm) to use it as a
sheep farm. He asked a seller that how much sheep can this land hold. The seller did not use
the land as sheep farm and estimated that it would usually carry 2000 sheep. The claimant
relied on this statement and purchased the land. The estimate given by the seller turned out to
be wrong. The cliamant brough the suit for misrepresentation. The privy council held that the
statement given by the seller was a statement of opinion and not just the statement of fact. So
there is no actionable misrepresentation.
In Pankhania v. LB Hackney, the claimant decided and purchased the preperty on the
representation that its current occupiers are contractual licensees whose licence shall be
terminated after giving three months notice. The occupiers were actually the tenants and were
protected under the Landlord and Tenant Act, 1954. This turned out to be a misrepresentation
which was earlier assumed to be not the actionable misrepresentation based on the mistake of
law. The High court held that the actions which are based on the misrepresentation of law
should be actionable based upon the change of law and hence the claimant's action for
misrepresentation was successful.
Hence, based on both the cases; it can be concluded that for placing claim; David and
Helene have to proof that the burger they ordered lies within franchise shop and proper label
of 100% vegans attached to the product received by them.
Question 3
Helene get her arm scalded due to bad quality take away cups which is claimable by her
and Snaz Bar don’t have any defense for the same but she can’t claim for 100% for the
expenses spendable by her on plastic surgery; as due to her negligence she washed her hand
under cold water which make the scald more worse. But at the same time it can’t be ignored

the fact that main reason behind scald is the bad quality of take away cups of Snaz bar.
Therefore, it has to be investigated about how much percent is claimable by Helene.
So, Helene has the right to institute a claim in Negligence against the Snaz Bar and Grill.
The possible defences available with Snaz Bar and Grill is not paying full expense amount of
plastic surgery. Company can ask for investigation and try to figure out real damage to Helene if
she would not put her hand under cold water. Only that much damage which is not result from
washing with cold water is claimable by Helene.
Negligence law:
Negligence is a legitimate idea that must be proven before an injured person can hold a
person or organization that is legally responsible for the misconduct they have suffered.
Negligent exposure is required in many cases of bad luck or injury, for example, fender rings or
"slip and fall" cases. Rash claims must prove four things in court: liability, violation, cause, and
damage.
As a rule, when someone acts vaguely and raises a physical matter to another person,
under the legitimate status of "negligence" it will be the individual's legal duty to commit any
misconduct after that. This reason for assessing and determining deficiency is used in many
disputes involving imbalances or injuries, during discussions on resolving the legs and through
an introduction into a claim individual corporal.
Duty
While examining an inadvertent pledge, the first step is to hope to see if there is a legal
obligation to provide legal aid to the injured party. Under certain conditions, the connection
between the injured party and the lawyer may be a legitimate obligation - for example, a
patient has a legal obligation to give that person a valid clinical examination. On the other hand,
the solicitor may have a legitimate duty to work with reasonable consideration in a particular
situation - similar to the situation where a person is required to operate a vehicle safely and
with a certain level of due diligence consideration.

Breach of Duty
After that, the court hopes to see if the lawyer has complied with this obligation by
doing (or not doing) something that would make a "sensible person" under comparable
conditions. The term "sensible person" refers to a legitimate status that refers to how the
average person would act skillfully in a particular situation. Basically stated, the lawyer is likely
to be reckless if the average person, realizing what the defendant knew at the time, may have
been harmed someone as a result of his actions - and that he would have been incomparably
opposed by the defendant in that situation.
Causation
The third party wants the guilty party to show that it was the defendant's lack of care
that caused their physical relationship. Sure, someone may have acted recklessly, but the
accused party can recover if this lack of care one way or another causes the damage. For
example, it would be unreasonable to prosecute someone who was writing and driving
recklessly for a small accident that happened directly across the street, because the driver was
without care.
Another part of this section examines whether the respondent would expect their
activity to cause a physical problem. If the lawyer's action in one way or another caused the
harm to the offending party through an irregular and intrusive display of nature, the harm
would be nearly invisible - and the interviewee is almost in danger.
Damages
The last part of a careless case is "damage". This component requires the court to have
the ability to pay the accused party for his or her physical case, usually through a cash payment
for costs, for example, clinical consideration or property situation.

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