You arrange to meet your boyfriend at the Patio Hotel on Saturday night. Your best friend witnessed the two of you making the arrangement. It is to celebrate your birthday and you buy a new dress, shoes and accessories for the date. He does not turn up and does not text you with an explanation.
Can you sue him?
If so, why?
If not, why not?
She would be unable to sue him as this is a social agreement which is unenforceable by law. Neither party has entered into a legally binding contract. Should you chose to break such an agreement, the consequences will be no more serious than upsetting or dissappointing your friends. This is similar to the case of Spellman v Spellman, in which a husband purchased a new car and told his wife that it was for her in an attempt to save their Marriage. The marriage eventually broke down and during sthe divorce Mrs Spellman tried to get the car. Unfortunately for Mrs Spellman, as no legally binding contract was entered into and this was only a domestic agreement, the car was awarded to Mr Spellman. While Spellman v Spellman is a domestic agreement and the above case is a social agreement, they are both still unenforceable by law. Therefore, she would be unable to sue her boyfriend for breaking their agreement.
Case Study
You get up early on a Saturday morning and take the train to Glasgow. In the window of Next store in Argyle Steet, you see the leather jacket of your dreams; a little Victoria Beckham number, just what you have always wanted. The price tag says £4.00. You run in the store, find the apporpriate rail, check for your size and colour and wow! the price tag still reads £4.00. You rush to the point of sale and present the jacket and a fistful of pound coins to the girl.
Does she have to sell you the jacket at that price?
If so, why?
If not, why not?
The shop assistant does not have to sell the boy the jacket at that price as it is well established that shops do not offer goods for sale, they