BLB1114 Legal Research Methods

BLB1114 Legal Research Methods

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BLB1114 Legal Research Methods

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BLB1114 Legal Research Methods

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Course Code: BLB1114
University: Victoria University

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Country: Australia

Question: 
Catherine was walking along the street and saw an advertising poster for fashion coats. She then saw one of the coats in a shop window with a cheap price tag. she really liked that design. She went into the shop took the coat off the stand and took it to the cashier to pay for it. The cashier however refused to sell it to her. He said it was the only one and he needed it for the shop window display. He saw she was upset and said that he would sell her a different style of coat but the same colour for $50. She thought about it and then said she would take it but for $30. He said ok.With reference to the law of contract rules of offer and acceptance give a legal analysis of the various transactions that occurred in the above story.
Answer: 

A contract is considered to be in existence between the parties, analysing the rule of offer and acceptance made between the parties. An offer is an intention of the offeror to enter into a contract, on the acceptance of the terms of the contract. Acceptance is best understood by the intention to accept the offer.
In the present scenario, there was several issues involved. Primarily, the coat which was at display was not available for sale, without being mentioned anywhere in shop. The second issue was that the cashier offered Catherine a different style of coat for $50 of the same colour to which Catherine did not agree. Subsequently, Catherine made a counter offer and acceptance, it can be said that a contract shall bound two parties when all the requirements of a valid contract has been fulfilled, that is, the offer, acceptance and consideration. Without an express offer, acceptance and intention to create a legal relationship, there shall be no contract (McKendrick 2014). In this given scenario, in the first instance, there does not exist any contract, as the coat was not given for purchase to Catherine. The display of the coat was an invitation to treat, which is not binding on the cashier. It was held in Fisher v Bell [1961] 1 QB 394 that offers should be distinguished from invitation to treat, as it is not enforceable against the party (Turner 2014). In the second context, the contract did not form between the cashier and Catherine, as Catherine did not accept the offer. In the last scenario, a contract exists there between the cashier and Catherine. The counter-offer for purchasing the coat for $30 was made by Catherine to the cashier, to which he agreed with a free consent.  
Therefore, the contract made between Catherine and the cashier that she would purchase the coat for $30, was the final agreement to which both of them agreed. This contract is enforceable by law.
Refernce:
McKendrick, E., 2014. Contract law: text, cases, and materials. Oxford University Press (UK).
Turner, C., 2014. Key Cases: Contract Law. Routledge.

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