LAW - LEGAL ISSUES

Law - Legal Issues

Law - Legal Issues

Question 1: Contractual Liabilities

An offer should be accepted to make a legally binding contract. Rules of Offer and Acceptance are functional to implement a contract by the ruling. This contract is the first requisite of any agreement of the business. In order to an agreement start between parties, the offer is made by the offeror and the oferee agree to that offer. An offer requires being distinguished from an invitation to treat. While an offer will direct to a requisite agreement on approval, an invitation to treat cannot be acknowledged it is just an invitation for offers. This forms the background to examine the given case scenarios (Adams, 2004).

An invitation to treat is an act welcoming others to create an offer to make a deal. These acts may sometimes come out to be offers them, and the differentiation can sometimes be difficult to determine. Adverts are generally invitations to treat, which lets retailers to reject to sell items at prices misguidedly marked. Adverts can also be well thought-out offers in some particular situations.

An advertisement is an effort to encourage offers and is thus categorized as an invitation to treat. A very good case of this is the case of Partridge against Crittenden (1968). Partridge put an advert for selling a protected type of bird in a newspaper. RSPCA then brought a suit of the Birds Act 1953 but the case was nullified as Partridge was not creating an offer as it was the advert comprised an invitation to treat.

PC-Earth is not liable to Andrew because the advert in newspaper is not an offer; rather it is an invitation to treat. Andrew made an offer to purchase the computer but it can be rejected by the PC-Earth as they are ...