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offer & acceptance tutorial work
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Things to know about case- Brief summary
- Outcome – what was decided?
- What was the rationality behind the decision?
Have to be aware of what element of contract law being discussed
Held = ruling
1. Compare the cases of Pharmaceutical Society v Boots and Thornton v Shoe
Lane Parking.
PHARMACEUTICAL SOCIETY V BOOTS = customer makes offer to
the shop, shop accepts, that’s how contract is concluded
THORNTON V SHOE LANE PARKING = court decided that display of
automatic ticket machine is enough to be an offer between two
parties, machine mentioned that car is parked at individual’s own
risk – machine not liable for what happens to car
, another sign once drove in saying that company is not
liable for any personal injuries
Thornton went to go shoot something, when he went back
he got injured – he sued but company said they not liable because
it was mentioned on the sign, though court ruled in favour of
Thornton because he could not see the sign when agreeing to the
contract – company failed to bring light to these terms and
conditions, they were not binding as he could not see them at
time of acceptance
In which case did the Court find that there was an offer?
thornton = court decided that display of automatic ticket machine
was enough to be an offer between parties
Why did they find that there was an offer?
thornton = Put coin in – that’s offer, coin goes in – acceptance and
small slip – contract, machine said car parked at own risk [not
liable]
Why was there not an offer in the other case?
pharmaceutical society = danger in this case that it cannot be
legally bounding in case the shop doesn’t have item, another
danger customer puts item in basket and is committed to item
without chance to change their mind
Should the display of goods for sale constitute an offer?
Invitation to treat – not binding, like an offer
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