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Offer as One of the Essentials of a Valid Contract - Research Paper Example

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The paper describes the essential elements of a contract. Offer is one of the essentials of a valid contract and it exists when a party makes another party a proposition that may be accepted by that other party. Stone succinctly captures the meaning of the term ‘offer’ in contract law…
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Offer as One of the Essentials of a Valid Contract
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Download file to see previous pages In the case of Pharmaceutical Society of Great Britain v. Boots Cash Chemists, the court considered the question whether the price of the goods displayed in a chemist amounted to an offer made to the buyer upon which he accepts when he picks the goods from the shelves and put them in a shopping basket. The court held that if that was the case, a customer who picks the goods from the shelves cannot be able to return them. Instead, the goods on the shelves were merely an invitation to treat, and the sale agreement was complete upon the cashier accepting payment for the goods. The same rule applies in regard to advertisements, which are generally interpreted by the courts to be merely invitations to treat. In the case of Partridge v. Crittenden, the defendant had placed advertisements on the classified section of magazines advertising the sale of bramble finches, whose sale had been prohibited by Section 6 of the Protection of Birds Act. He was found guilty under the Act and so he appealed the decision of the trial court. The Appellate court, in quashing the appellant’s sentence, held that the advertisements were merely invitations to treat as opposed to an offer. This view was upheld by the court in Fisher v. Bell where the court held that the display of a flick knife in the display of a shop was merely an advertisement of the good, and thus an invitation to treat. From the foregoing, the brochure obtained by peter containing the car’s description and the price was merely a form of advertisement for the car. ...Download file to see next pagesRead More
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