Common law - Essay Example

Download file to see previous pages ......................................8 5- Vicarious Liability...................................................................................................................9 6- Occupiers Liability................................................................................................................10 7- Strict Liability........................................................................................................................12 8- Negligence and Vicarious Liability.......................................................................................13 9- Bibliography.........................................................................................................................15 Total words: 3725. Task 1: 1-a: Formation of a contract This question is about contract, the problem in this question requires a discussion of offer, invitation to treat, counter-offer, acceptance and in particular the postal rule. Each of these elements will be discussed in turn and an evaluation of the facts would be made thereafter. Contracts and its formation and giving legal effect to them is a matter which has been scrutinized critically by case law and statutes. The contract being formed is dependent upon an offer, which in turn requires an acceptance upon the conclusion of which question of consideration is concerned (Mackendrick, 2009). As per Professor Atiyah, the issue of offer and acceptance has been determined by courts in two ways, that is ‘reason forwards’ and ‘reason backwards’, the former is where existence of offer and acceptance are determined first and then the conclusion on the dispute is made; the latter is where the courts can reason from the appropriate solution back to the legal concepts of offer and acceptance (Atiyah et al, 2006). Offer has been defined as an intent of readiness on the part of one party who is called an offeror, so as to be bound by the terms that he states, subject to the fact that such an offer is accepted by the offeree (the person to whom the offer is made) unconcditionally. There has been a distinction drawn between an invitation to treat and offer and the former is said to be intent of readiness of a party so as to start negotiations and is therefore not unconditional (Fisher v Bell)1. The two main cases in this respect are Gibson v Manchester City Council2 and Storer v Manchester City Council3. In Gibson, the treasurer issued a letter to G whereby it was stated that the Council may sell the house to him, was construed to be an invitation to treat, this was affirmed by the situation that G was requested to have a formal application for purchase to be made.. The approach taken by the court was that they took the correspondence between the parties into consideration when determining the outcome. Contrary to that the courts, in Storer said there was a contract which was present as the matter had moved beyond the phase of negotiations. An offer should be differentiated from a mere statement of price that is an enquiry as to the price (Harvey v. Facey)4 (Mackendrick, 2009). The courts have found advertisements to be an invitation to treat (Partridge v Crittenden)5, however, interpretation of courts has led to certain exceptions and the reasons cited for it are the intention to be bound and certainty (Carlill v Carbolic Smoke Ball Co.)6. Display of goods in shops are generally held to be invitation to treat (Fisher v. Bell) (Furmston et al. 2007). In respect of Doris placing the vase on her shop it would be held to be an invitat ...Download file to see next pagesRead More