Essay on Contrat Law: Case Study

2026 Words Jun 30th, 2016 9 Pages
“Vision” Magazine: Case Study
Case Study
Peter advertised widely in the media, offering various subscription deals to ‘Vision’, his politics magazine. One deal provided a subscription for three years and required payment of £100 to be made by 30 April. Orders received after that date would be charged at £150.Ray sent an order with a cheque for £100, which he posted on 25 April. His order was not delivered until the afternoon of 30 April because of a postal delay. It was then too late to put the cheque into the bank. Peter processed the order but would not supply any magazines until Ray paid a further £50.
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And then, Rey tempted to make an offer by transferring £100 of cheque note by 25th of April, which took longer than it should have been delivered due to postal delay. However, according to Peter, Ray still need to pay further £50 to get any services activated, even though the order was processed. He claimed, this is due to the arrival of cheque that was delivered on afternoon of 30th April, which he found too late to insert the cheque into the bank. Overall, this scenario has two main parts to discuss. First to check whether it meets all the requirements to form a legally binding contract and second of all, to analyse whether Ray owes extra £50 to Vision Magazine. To start with, it is fair to assume Peter’s advertisement is not a binding offer as it is an invitation to treatment, which is one type of a pre-contractual. An invitation to treatment refers to encouragement or persuading factor that try to convince someone to make a legally biding offer (Adams, 2014). Such as commercial advertisement and restaurant menu are examples. The case law that held between Partridge and Crittenden is a good example. In 1968, The Wild Birds Act 1954 sued the defendant for advertising ‘Bramble finch cocks and hens 25 shillings each’ which they believed it was a criminal act to offer such birds for sale. However the defendant won the case because apart from pushing others to

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