HND商法导论Outcome2 案例+答案(总5页)
沙洋镇
Ca study 1
Samir es a t of golf clubs displayed in a shop window for ￡500. He enters the shop and states he will take the clubs. The shopkeeper however says the clubs are no longer for sale. Samir is demanding that he be sold the clubs and at the price displayed.
Identify the esntial requirements of a contract and discuss whether a contract exists here.
A contract is an agreement between parties having the capacity to make it, in the form demanded by the law, to perform, on one side or both, acts which are not trifling, indeterminate, impossible or illegal, creating an obligation enforceable in a court of law. A valid contract has three esntial features: there must be a agreement on all material aspects; at least two contracting parties and legal obligations.
A contract consists of an offer and an acceptance. If there is no offer in the first place then there can be no contract. The basic elements of a contract include an offer and an acceptance.
In the ca Samir es a t of golf clubs displayed in a shop window for ￡500. He enters the shop and states he will take the clubs. But shopkeeper says the clubs are no longer for sale. Samir is demanding that he be sold the clubs and at the price displayed. 爱情物语
According to this ca we can say that the is not exist a contract. In the ca that a t of golf clubs are exhibited in a shop window, thus it is not an offer. Becau the goods displayed in a shop window as a invitation to treat, we can know that goods displayed in a shop window (even when priced) are clasd as a willingness to negotiate on the shops part. Invitations to treat also is considered to inquiry the price of goods, means a party to invite the other person to make offers. Different an offer, a willingness to negotiate only as prepared to make a contract of behavior on the issue who is not legally binding. The customer will make the offer to buy the goods which the shop are perfectly within their rig落叶的忧伤
小孩子频繁眨眼>仁化丹霞山
hts to refu降血压中药有哪些. The invitations to treat are not legally clasd as offers and therefore cannot be accepted. 巨松鼠
Before the party who gave off the invitations to treat could not accept the other people’s offers they can revocation, and then the contract is not build. When Samir asked to buy the golf clubs the shopkeeper refud hin, and there was no acceptance. So when the shopkeeper refud Samir which is a t of golf clubs are not the good for sale, it just be ud as ornament, and attracted the consumers interested. So an offer in this ca is not found, either nor contract consists of an offer and an acceptance, we can know that there is on offer and there is on contract.
Ca study 2
Tom is the top salesman for ABC Motors. He has been offered a job by a rival company but is concerned becau there is a clau in his contract which prevents him from working for any other car company for five years.
Tom is the top salesman becau he regularly tells potential customers what they like to hear rather than the facts. He has done this in relation to ages of vehicles, odometer readings and vehicle rvice histories.
Tom recently completed a deal to buy a vintage sports car for ABC Motors from now discover that Barry (not his real name) had stolen the vehicle.
Question 1
What is a restrictive covenant Advi Tom as to the legality of the clau in his contract.
You can refer to Bluebell Apparel Ltd v Dickinson (1980) on page 146
Question 2
How would you classify Tom’s statements to the customers and what are the possible conquences for Tom and ABC motors in relation to the statements
You can refer to Smith v Sim(1954) on page 161
明组词
Question 3
What is the legal position with regard to the vehicle which Tom has purchad from Barry
