Nestle Buy Chocolate Case Study

1087 Words 5 Pages
Register to read the introduction… It might be accepted by a person who was already a regular buyer of their chocolate; but, much more important to them, it might be accepted by people who might become regular buyers of their chocolate if they could be induced to try it and found they liked it. The inducement was something calculated to look like a bargain, a record at a very cheap price. It is in evidence that the ordinary price for a dance record is 6s 6d. It is true that the ordinary record givers much longer playing time than the Nestlé records and it may have other advantages. But the reader of the respondents Nestlé's offer was not in a position to know that. It seems to me clear that the main intention of the offer was to induce people interested in this kind of music to buy (or, perhaps, get others to buy) chocolate which otherwise would not have been bought. It is, of course, true that some wrappers might come from chocolate which had already been bought, or from chocolate which would have been bought without the offer, but that does not seems to me to alter the case. Where there is a large number of transactions - the notice mentions 30,000 records - I do not think we should simply consider an isolated case where it would be impossible to say …show more content…
But where the qualification is the doing of something of value to the seller, and where the qualification only suffices for one sale and must be re-acquired before another sale, I find it hard to regard the repeated acquisitions of the qualification as anything other than parts of the consideration for the sales. The purchaser of records had to send three wrappers for each record, so he had first to acquire them. The acquisition of wrappers by him was, at least in many cases, of direct benefit to the respondents Nestlé, and required expenditure by the acquirer which he might not otherwise have incurred. To my mind, the acquiring and delivering of the wrappers was certainly part of the consideration in these cases, and I see no good reason for drawing a distinction between these and other cases. Lord Somervell of Harrow The question, then, is whether the three wrappers were part of the consideration or, as Jenkins LJ, held, a condition of making the purchase, like a ticket entitling a member to buy at a co-operative store. I think that they are part of the consideration. They are so described in the offer. 'They', the wrappers, 'will help you to get smash hit recordings'. They are so described in the record itself - 'all you have to do to get [such new] record is to send three wrappers from Nestlé's 6d milk chocolate bars together with postal order for 1s

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