Business Law Assignment: Analysis of Contract Law and Sales of Goods

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This report provides an analysis of a business law assignment, focusing on contract law and the sales of goods. The assignment explores scenarios involving a store's obligations, specifically regarding an advertisement for a toaster and a manager's agreement to sell a kettle at a discounted price. The report delves into the legal principles of the Sales of Goods Act, contract law, and common law, examining issues such as invitations to treat, implied terms, and the validity of verbal agreements. It discusses whether the store is obligated to fulfill the advertisement, the binding nature of the manager's agreement, and the potential remedies available to the customer. The analysis considers the importance of written agreements, the duties of the offeror and offeree, and the implications of failing to notify customers about stock shortages. The conclusion emphasizes the need for written agreements to ensure enforceability, and the report references relevant legal authorities and case studies.
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Running head: BUSINESS LAW ASSIGNMENT 1
Business Law Assignment
Name
Institution
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BUSINESS LAW ASSIGNMENT 2
Issues
The issues in this matter include:
1. Whether try and save is obligated to let Donald purchase kettle at the discounted
price?
2. Whether the agreement between Donald and the manager is binding?
3. Whether the store has a legal obligation to find a stock of the toaster they advertised
and supply Donald with one of them?
4. Which remedies is Donald entitled to if any?
Legal principles and authority
Sales of Goods Act
Contract law act
Common law
Implied terms and conditions
Application
Try and Save advertised a toaster and failed to notify the public that the toaster advertised
had run out of stock and discontinued.
This was a case of an invitation to treat and Donald accepted the offer upon which the
store was obligated to provide the toaster they advertised upon the customer’s request (Taylor
and Taylor, 2017). In the event that the good advertised had run out of stock they were
supposed to notify the public of the same in good time (Fulford, 2017). There are implied
terms under the sale of goods stipulating the duties of the offeror and the offeree in all
transactions as expounded in Fisher vs. Bell. Therefore, Try and Save is supposed to find
another stock for Donald as an obligation on their part. Donald can sue Try and Save for
damages.
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BUSINESS LAW ASSIGNMENT 3
A contract of sale of goods creates obligations for both buyer and seller (Bridge, 2012).
Under the contract law there has to be offer the acceptance and consideration among other
elements; Donald accepted the invitation to treat and it was the duty of the store to perform
its duty as it presented on the invitation to treat.
When the manager agreed to Donald’s request of buying the kettle at discount, the same
had not been put in writing. Consequently treated as verbal agreement hence the store has no
obligation under such circumstances (Fulford, 2019). For an agreement to be binding and
enforceable it has to be written as stipulated in the provisions of contract law.
Verbal agreement is not binding neither is it enforceable therefore the store is not
obligated to selling the kettle to Donald at discounted price.
Conclusion
For an agreement to be considered valid and enforceable it has to be in written form. Once
an invitation to treat is made and a person accepts the same then duty to provide for the goods
advertised shifts to the seller.
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BUSINESS LAW ASSIGNMENT 4
References
Bridge, M. (2012). Benjamin's Sale of Goods. Sweet & Maxwell
Fulford, A. (2019). Contracting with students: Rethinking Higher Education as invitation to
treat. Higher Education Quarterly. doi:10.1111/hequ.12222
Fulford, A. (2017). Oral Tradition and the Problem of Synoptic Verbal Agreement. Oral T
Taylor, R., & Taylor, D. (2017). Contract Law Directions. Law Trove.
doi:10.1093/he/9780198797739.001.0001radition and Synoptic Verbal Agreement, 17-37.
doi:10.2307/j.ctvj4sw89.6
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