Business Law
Table of Contents
1. Overall Issue
Table of Contents 1
Works Cited: 9
1. Overall Issue:
The issue here is whether the salesperson or the manufacturer is liable to Peter. In this event, Peter’s concern brings us to several factors that we have to consider. With regard to Peter v Salesperson, whether there is a formation of a contract. To determine if an offer exists, an offer will be differentiated from an invitation to treat. Secondly, the offer and acceptance of the last offer will be identified. Thirdly, Fitness for purpose (SOGA) will be explained. With regard to Peter v Manufacturer, the “Guarantee” of consumer goods (UCTA) will be explained. Lastly, Peter will be advised regarding this issue.
2. Peter v Salesperson
Applicable Law 1:
Issue
This issue is whether the advertisement brochure is an invitation to treat.
It is also important to note whether the exemption clause in the brochure makes the invitation to treat, permanent.
Applicable Law
Firstly, an invitation to treat is not an offer. It is an invitation for an offeror to begin negotiations, make an offer, but does not offer a contract. Advertisements can only be seen as an invitation to treat.
In the case of Partridge v Crittenden (1968), the advertiser was prosecuted for illegally selling protected birds. The court held that the advertisement was only an invitation to treat. In a different context of Grainger v Gough (1896), Lord Herschell said, “The transmission of a price list does not amount to an offer to supply an unlimited quantity of the wine described at the price named” (Tufal, 2013) This ties in with the exemption clause explained below. Hence the brochure for cameras only invites customers to make an offer by payment. This then demonstrates their intention to buy it at the term of the listed price, thus it is elevated into a contract.
As mentioned above, an exemption clause is terms, which exclude or limit the liability of the party in breach who relies
1. Overall Issue
Table of Contents 1
Works Cited: 9
1. Overall Issue:
The issue here is whether the salesperson or the manufacturer is liable to Peter. In this event, Peter’s concern brings us to several factors that we have to consider. With regard to Peter v Salesperson, whether there is a formation of a contract. To determine if an offer exists, an offer will be differentiated from an invitation to treat. Secondly, the offer and acceptance of the last offer will be identified. Thirdly, Fitness for purpose (SOGA) will be explained. With regard to Peter v Manufacturer, the “Guarantee” of consumer goods (UCTA) will be explained. Lastly, Peter will be advised regarding this issue.
2. Peter v Salesperson
Applicable Law 1:
Issue
This issue is whether the advertisement brochure is an invitation to treat.
It is also important to note whether the exemption clause in the brochure makes the invitation to treat, permanent.
Applicable Law
Firstly, an invitation to treat is not an offer. It is an invitation for an offeror to begin negotiations, make an offer, but does not offer a contract. Advertisements can only be seen as an invitation to treat.
In the case of Partridge v Crittenden (1968), the advertiser was prosecuted for illegally selling protected birds. The court held that the advertisement was only an invitation to treat. In a different context of Grainger v Gough (1896), Lord Herschell said, “The transmission of a price list does not amount to an offer to supply an unlimited quantity of the wine described at the price named” (Tufal, 2013) This ties in with the exemption clause explained below. Hence the brochure for cameras only invites customers to make an offer by payment. This then demonstrates their intention to buy it at the term of the listed price, thus it is elevated into a contract.
As mentioned above, an exemption clause is terms, which exclude or limit the liability of the party in breach who relies
References: http://www.e-lawresources.co.uk/Partridge-v-Crittenden.php 4. Grainger v Gough (1896) 7. Attorney General’s Chamber (AGC), 1994 http://statutes.agc.gov.sg/aol/search/display/view.w3p;ident=066b10d6-853e-45ad-a6fa-c2ec9630c37f;page=0;query=DocId%3A%22036b6041-12a6-4175-84ad-42cd4e62d9f6%22%20Status%3Ainforce%20Depth%3A0;rec=0