Nobody downloaded yet

Answer the questions below and support your points using case law not the textbook references - Essay Example

Comments (0) Cite this document
Summary
Law Essay Question 1 Explain the meaning and the difference between an offer and an invitation to treat in contract law Issue The meaning and difference between an offer and an invitation to treat in contract law. Rule A party who makes an offer makes itself legally liable to another party…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.8% of users find it useful
Answer the questions below and support your points using case law not the textbook references
Read TextPreview

Extract of sample "Answer the questions below and support your points using case law not the textbook references"

Download file to see previous pages Similarly, an advertisement or brochure does not constitute an offer, but only an attempt to obtain an offer. However, the display of goods in a shop is an invitation to treat. Application In Harvey v Facey [1893] AC 552, it was held that it was insufficient to just provide a statement regarding the price. In this case the plaintiff had asked the defendant, by means of a telegram, whether he would sell the Bumper Hall Pen and to quote the lowest cash price. The reply was to be given by telegram to the plaintiff. To this the defendant replied that the lowest price would be ? 900. In reply the plaintiff conveyed his consent and stated that he would purchase it for that price and asked the defendant to send the title deeds of that piece of land. The court held that there was no contract between these parties, as the mere statement of price did not constitute an offer and was nothing more than the provision of information. In Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] EWCA Civ 6, the Appellate Court deemed the shop sign to be an invitation to treat. In this case, the issue considered was when a sale was completed in a self service shop. The court held that the sale was completed when the medicine had been selected and taken to the shop assistant, who then accepted it and completed the contract. The display of goods on the shelves of the shop was not an offer but merely an invitation to treat. This was reiterated by the court in Fisher v Bell [1961] 1 QB 394, in which Lord Chief Justice Parker held that the mere display of a knife with a price tag in a shop window did not constitute an offer for sale. In this case, the shop had displayed a prohibited type of knife in a shop window. The legislation in force had prohibited the offer of such items for sale. This was deemed to be an invitation to treat and not an offer by the learned chief justice. Conclusion Offer can become a contract after its acceptance. An Invitation to Treat is not an offer, which can be accepted, and is merely an invitation for offers. Question 2 Explain the standard of care owed by one person to another in the tort of negligence Issue The standard of care owed by one person to another in the tort of negligence. Rule The standard of care owed by one person to another in torts, is based on the notions of reasonableness and foreseeability. Contributory negligence in the context of personal injury and death relates to the failure of a person, usually the plaintiff, to adopt reasonable measure to promote safety, which contributes to the injury suffered by that person. Damages awarded by the Australian courts are reduced to the extent of the contributory negligence of the plaintiff. Application There is a clear distinction between the notions of reasonableness and foreseeability. Thus in Bolton v Stone [1951] AC 850, their Lordships ruled that although it was foreseeable for injury to occur due to being hit by a cricket ball that had been struck over the boundary fence, it was very much unlikely to happen, and that this was sufficient justification for the respondents to ignore the risk. In general, it is unreasonable to undertake a risk that is foreseeable. However, when the chances of the risk taking place are very meagre, a reasonable person will undertake the risk. Another major consideration relates to the seriousness of the injury caused. Thus, in Paris v Stepney Borough Council ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Answer the questions below and support your points using case law not Essay”, n.d.)
Answer the questions below and support your points using case law not Essay. Retrieved from https://studentshare.org/law/1401374-answer-the-questions-below-and-support-your-points
(Answer the Questions below and Support Your Points Using Case Law Not Essay)
Answer the Questions below and Support Your Points Using Case Law Not Essay. https://studentshare.org/law/1401374-answer-the-questions-below-and-support-your-points.
“Answer the Questions below and Support Your Points Using Case Law Not Essay”, n.d. https://studentshare.org/law/1401374-answer-the-questions-below-and-support-your-points.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Answer the questions below and support your points using case law not the textbook references

ANSWER THE QUESTIONS BELOW

...to the marketing manager on which, organizations should be hired. Public Relations related activities - This can include anything from being seen at different not for profit conferences, where benefactors frequent, in an attempt to raise funds, creating public relations budgets, briefing staff on different communications that go out to the public and keeping them informed of what to expect, helping staff prepare for questions that maybe asked by reporters about the different communications and even difficult, and public cases.. Damage Control - Briefing staff who have legal allegations or malpractice suits on how to respond and what to say to the reporters and journalists, taking calls from journalists...
10 Pages(2500 words)Essay

Textbook Questions Paper

...for residential real estate was also weak. However, as the demand for agricultural products and financial lending increases, only banking and agriculture industries were at high levels. b. What is the most recent monetary policy action taken by the FOMC? With the consistent weakness in general economy, the Federal Open Market Committee aims to obtain financial settings that will promote price stability and consequently encourages sustainable growth. Thus, on October 30-31, 2007 during the meeting of FOMC, the Committee decided to lower its target for the Federal funds rate 25 basis points to 4.5%. c. Based on your answer to a and b, what monetary policy action do you...
4 Pages(1000 words)Essay

Final Exam

.... As such, these forces should have a limit. Required Case Study: (40%) Instructions: Read this first case carefully and analyze the facts given before answering. It is advised to analyze the case as if it was a problem or opportunity and use the PISCO model. You need to use at least three (3) of the five (5) ethical approaches mentioned in article 1 of your textbook in your analysis and in the reporting of your rationale of your choice (Step 4). Following these PISCO model steps can help to provide you with a meaningful solution to the...
6 Pages(1500 words)Assignment

Answer questions below

... and Section # of Environmental Studies Resources Evaluation The benefits and costs of using any natural energy resource is a very important factor in choosing a certain type of energy reserve. For example the benefits of using coal is the cheap cost and abundance in availability, however the social cost is at a higher end as the amount of carbon elements it releases in the air, while combusting are immense compared to other fuels. Similarly oil has its own pros and cons. The very fact that the price of processed oil is very high is a negative factor where as the ease of availability and reliability is the factor that encourages its use. Natural gas on the other hand is preferred mostly, due to being very cheap in nature although... ...
2 Pages(500 words)Essay

Answer the question below

...not prestigious; there people do refer to instrumentation work orientations and are satisfied with stability they get together with their job. Low employment opportunities are destabilizing for young or poor people. Both groups have not many opportunities to have a good job; often they do what they can. However, their forced choices are followed by work commitment and desire to find a better job. Many students work part-time to have some money for living only; at the same time, they invest their money in education because they want to have a good job. Poor and unemployed who receive financial support for the government are ready to work anywhere to earn more. Apart from financial security, latent work...
2 Pages(500 words)Essay

Answer 4 discussion questions as instructed below

...with regards to the patient, for example, either under/over/lateral, is that it offers an appropriate way to facilitate minimal exposure to the radio waves. The level of success in any C-arm fluoroscopy procedure performed is contingent on the proficiency of the doctor involved and the pathoanatomic characteristics of the patient. The benefit is that it offers minimally invasive procedures for the treatment being carried out. Reducing occupational exposure is achieved via the use of garments having components of lead metallic elements. Lead metal is known to be effective in shielding from radioactive components, for instance, like in this case x-rays. Question 3 The TV monitors and...
1 Pages(250 words)Assignment

Answer the questions below

...Learning from Honeybees: Advantages of Diversity Question The main idea of the section is to show how diversity is instrumental in promoting economic growth. It is through various departments of government that it can screw economic growth. We need each other in our daily endeavors for us to claim our success. Going alone only weakens us since we cannot do everything alone. Question #2 The evidence used to support the main idea in the section, is that, genetically diverse colonies of honeybees have more productivity than uniform colonies. At least the honeybee will need to swarm and engage in resource depleting activities that might...
1 Pages(250 words)Assignment

Answer the question below

..., Francis and John 30-60). He rejects materialistic explanation of the mind. His view has a negative relationship to the theories of evolution as the philosophers believed the spirit as evolving from epiphenomenon or powers of living matter. Science fails to bring out dignity as it uses observation to designate and quantify the numerous manifestations of life at a particular time. It is impossible to the spirit (Fiorenza, Francis, and John 55-75). Through reflection, we can analyze the mind. It is through theology that we can explain Gods creation. Catholic Church Biblical hermeneutic The Catholic Church endorse the biblical hermeneutic that life is godly and conveyed by Jesus Christ. They approve the gospel as being...
1 Pages(250 words)Essay

Answer case questions

...conditions means that sales are expected to increase. The company has a chance of expanding its product line to attract more customers. Threats Competition is stiff in the industry. The company faces strong and fierce competitors such as Nike and Adidas. Increasing substitutes in the industry. Vulnerability to economic aspects such as fluctuating interest rates, legislation on taxes and inflation. Using the exhibits 1-3 in the case, answer the following questions: 5 For the company in 2013, what were the: a. Net Revenues $2332051 b. Net Profit and $162330 c. Net Profit % Net profit %= 6.96% 6 How much cash/cash equivalents did the company have on hand at the end...
4 Pages(1000 words)Assignment

Answer two questions below for coursework

...1. When one thinks about the history of the United s and how it came to be populated by the White Man after taking the land that rightfully belonged to the Native Americans / Indians, it never really occurs to the person that over the centuries, the American people have been fed with misinformation about the true roots of the emigrant population that came to be the forebears of the original, purebred American citizens. Case in point, there is a current belief that the original American settlers who came to the country on the Mayflower and earlier, were all criminals being punished by the mother country, England. Thus creating the image that America was founded as a penal colony and the ancestors of the Americans were all criminals... and...
3 Pages(750 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Answer the questions below and support your points using case law not the textbook references for FREE!

Contact Us