Essay Example on Advice Simon if he has any contractual liability to Fernando and or Ali

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Question 1 Advice Simon if he has any contractual liability to Fernando and or Ali Introduction To begin the situation is to define whether or not Simon has established a contract with either Ali or Fernando Simon advertised his Lord of the Rings book Fernando believes the advertisement is an offer and mails him the cheque for the amount Ali and Simon communicate through emails and Simon tells Ali that if he does not receive an offer by 2200 the offer is off Ali sends an email at 2130 but Simon accidently deletes email by Monday Simon had sold the book EXAMPLE Initially the advertisement put forth by Simon is to be considered as an invitation to treat negotiate not an offer as decided in the case Partridge v Crittenden In this case the appellant advertised the sale of Wild birds and was accused of offering the sale of wild birds in the newspaper but the High court ruled in his favor and exonerated him The basis was that there was no way he could have had the intention of selling his birds to anyone who offered to buy them as he had limited stock Therefore could not be bound to legally accept anyone s offer to purchase them 


The other case that relates to advertisement is Carlill v Carbolic Smoke Ball Company where the offer by Smoke Ball company was a unilateral contract They offered 100 pounds for anyone who bought their product and still caught influenza A Unilateral contract is made via offer that can only be agreed to by act This act can be in a form of two things a reward or contest They were sued for the money when one of their customers caught the flu and the Court of Appeal held that it was a unilateral offer accepted by the plaintiff Simon does not have a large number of stock of his book and at the same time does not offer any reward or contest for anyone who offers to buy his book The law specifically regarding modern ways of communications like emails is unclear as stated in Brinkibon v Stahag Stahl und Stahl Warenhandels GmbH by Lord Wilberforce that there is no such rule that can cover all cases like this one It depends on whether the case will be subjected to the Postal rule or not If it is in effect then the email in Simon s and Ali s case is binding from the moment Ali presses send if it is not then it is the moment Simon receives the email which is still before the deadline Ali asking if the book is available is not to be considered as an offer because as stated in Stevenson Jacques Co McLean asking for a lower price of a good for sale is not an offer but a simple query 


This is important because if it was to be considered as an offer then Simon telling Ali the book is his if replies before 2200 is to be considered a counter offer then the whole agreement is void In relations to indicating acceptance if the regular rules of accepting an offer through email applies then the offer is accepted once the email is received by the oferee as stated in Entores v Far East corporation This is related to when Ali sends the email to Simon accepting his offer of 7000 pounds before 2200 since Ali s email was received at 2135 by Simon It does not matter whether or not Simon has opened the email or not it s a matter of if he received it or not which he did and also before the deadline To conclude Simon has no contractual liability towards Fernando as stated in Partridge v Crittenden that an advertisement cannot be considered as an offer but an invitation to treat Simon does not have the capability to accept anyone who offers to buy his book Simon s advertisement cannot be considered as a unilateral offer as he did not offer neither a reward nor contest anyone who buys his book 



As for Simon and Ali Simon has entered an agreement with Ali where he has contractual liability Simon s statement that he is waiting for a reply is the offer and Ali sends his email at 2130 and is received by Simon at 2135 which is as per the case Entores v Far East corporation Question 2 Advise Fern on any contractual and or tortious claims she may have against Jpe and or Good Buys including a discussion on whether the notice will prevent her making any claim against Good Buys There are several disputes in this case when Fern cycled through the car park of Good Buys and saw an exemption clause sign Whilst cycling in the car park she was hit by joe who is employed as a forklift driver by Good Buys The solution to this problem will examine whether or not Fern is entitled to claiming damages from Good Buys or Joe and if the Exemption clause won't allow her to claim any damages It will also examine if Good Buys are vicariously responsible for Ferns injuries Bibliography Primary sources UK cases Partridge v Crittenden 1968 2 All ER 421 HC QBD Carlill v Carbolic Smoke Ball Company 1893 1 QB 256 CA Entores v Miles Far East Corporation 1955 2 QB 327 1955 3 WLR 48 CA Brinkibon Ltd v Stahag Stahl 1983 2 AC 34 1982 2 WLR 264 Stevenson v Mclean 1879 80 LR 5 QBD 346 Secondary Sources Books Burrows A A Casebook On Contract Hart 2016 11



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