Consumer Protection - Essay Example

The law of contract stipulates three fundamental requirements for the formation of a legally enforceable contract; namely; offer, acceptance and consideration2 (it is important to note that the contracting parties must have legal capacity, which is presumed not to be an issue in this case). Lord Wilberforce asserted rules for contract formation in the case of New Zealand Shipping Co Limited v A M Satterhwaite, the Eurymedon3 thus: “English law having committed itself to a rather technical…….

Doctrine of contract, in application takes a practical approach……… Into the market slots of offer, acceptance and consideration4”. The law of contract formation distinguishes between an offer and an invitation to treat, which is not an offer but an indication of willingness to negotiate a contract5. For example, in the case of Gibson v Manchester City Council,6 the words “may be prepared to sell” constituted an invitation to treat and not a distinct offer. Furthermore, in the case of Grainger & Son v Gough7it was held that a newspaper advert will constitute an invitation to treat and not an offer unless an advertisement is specific and conveyed the exact item of product for sale.

It was also indicated that there must be an indication of intent on the part of the advertiser to sell, none of which is in contention in the current scenario and therefore the arrangements between Mr Rumsey and Tackro appear to satisfy the requirements for a binding legal contract for the supply of goods agreed on 28 February 2009. However half of the stock of glasses which Mr Rumsey took with him; have transpired to be broken. Secondly, the remainder of the stock that had agreed to be delivered on 15th March have been destroyed in a fire.

With regard to the stock of glasses that was damaged, section 13 of the SGA provides that goods must comply with their contractual description however this is qualified by section 15A of the SGA which asserts that if the breach is so