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Law of Contract - Essay Example

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LAW OF CONTRACT By Name Instructor Class Institution: Mr. Pete is bound by a contract to fulfill what he has written out in his business website. For this has led to his customers (Stuart, Lyn and Richard) acting accordingly to buy tickets. By definition under the law, a contract is an agreement or a promise which is legally binding or enforceable by law…
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Download file to see previous pages In all this, the intention of enforcing agreements through contracts is to boost commercial relations, since commerce generally involves individuals or personal interaction; and the obligation imposed by a contract is, in general, created by the parties themselves. This makes one accountable for his/her promises, and ensures that they deliver such promise within the ambit of law (Richards, 2007). As it stands, Pete on putting on his website that it is “The shop that never sleeps” is intended to create the picture of an operating system whereby all customers’ needs are acted on promptly with zeal. In the face of law, this will not be taken to be a twenty four hour business, but within the working hours, it operates with an efficiency that will guarantee customers satisfaction. Any service below this mark can prompt the customer to seek legal action (Stone, 2009). On the same note, Pete put on his website that he has four tickets for Dob Bylan concert at a total price of €100 for each ticket. He goes further to say that the tickets will be sold to the first person placing an order with him. This amounts to an offer, to anyone who has €100 per ticket to buy. It puts Mr. ...
The person making the offer in this case is known as the offeror whereas the one who has been addressed to is called offeree. Mr. Pete has made an express offer since he has specifically made his intentions known to the offeree(s) through writing (MacLntyre, 2010). An offer is very different from an invitation to treat. An invitation to treat can be termed as a mere invitation to make an offer and no contract can result from it alone. A good example is afforded by the display of goods in a shop or supermarket. From all the decided case so far, the display of goods only amounts to invitation treat, not an offer. The offer is made at the point whereby the prospective buyer approaches the shop attendant or cashier, by picking up the goods and expressing the desire to buy those (Stone, 2009). Here, is a case to explain this: Pharmaceutical Society of Great Britain V. Boots (1953). The defendant has self service store in which certain listed drugs were displayed on shelves. It was illegal to sell such drugs unless the sale was under the supervision of a registered pharmacist. A customer selected some of those drugs from the shelves. The defendants had placed a registered pharmacist on duty at the cash desk near the exit, not at the shelves. The defendants were charged with the offence of listing drugs without supervision of a registered pharmacist. It was held that if the sale took place where the customer picked up the drugs, from the shelves, the defendants would be liable, but if the sale took place at the cash desk where the pharmacist was located, then the pharmacist would be liable (Richards, 2007). To Pete’s side the contract is executed on his part, since he has brought forward ...Download file to see next pagesRead More
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