ACF270 Practice section C questions (25 marks each)
法学论文代写 Alice is a dealer in Persian rugs. As her business has been rather slow, she placed an advertisement in the Saturday edition…
1.
Alice is a dealer in Persian rugs. As her business has been rather slow, she placed an advertisement in the Saturday edition of her local paper stating:
‘Once in a lifetime opportunity to own a handmade Persian antique rug for only £1,500 – cash only. This is a serious offer – the rug will go to the first person who accepts it – offer vAliced for one day only – today Saturday.’ 法学论文代写
When Stefan saw the advert, he immediately posted a letter of acceptance of Alice’s offer in order to make sure he got the rug.
Danielle also saw the advert and after inspecting the rug offered Alice a cheque for £1,500, but she refused to accept the cheque and told her she could not have the rug.
Later in the day, Ethan asked Alice if she would keep the offer open until he could get to his bank to arrange a loan. Alice agreed, but subsequently, when Ed offered to pay £2,000 in cash for the rug, Alice sold the rug to him.
On Monday morning Stefan’s letter arrived, and Ethan returned to complete his purchase of the rug.
Required: 法学论文代写
In the context of the rules governing the creation of contracts, advise:
(a) as to the precise legal nature of Alice’s advertisement;
(b) whether Stefan has entered into a binding contract with Alice;
(c) whether Danielle has any right of action against Alice;
(d) whether Ethan has any right of action against Alice.
(25 marks)
Melvin, a keen art collector, saw a notice for an auction of some paintings in a magazine.
Melvin travelled 300 kilometres to attend the auction in order to bid for a painting by a well-known artist which had been mentioned in the magazine.
However, when Melvin got to the auction site there was a notice stating that “due to unforeseen circumstances, the auction had been cancelled”.
Melvin then went into a nearby antique shop and saw a painting for sale. The price ticket stated that it was £600, but Melvin said he was only willing to pay £450 for it.
The shopkeeper, Gary, said he would sell it for £500. Melvin replied that he did not want to commit to buying the painting immediately and would need some time to think about it. Gary said he would not sell the painting to anyone else in the meantime until he had heard back from Melvin.
Melvin decided that he would like to buy the painting but when he went back to the shop to tell Gary, he found that it had been sold to someone else.
In the context of contract law, advise Melvin whether he can take action against: 法学论文代写
（a）the auctioneers
（b）Gary, for not selling the painting to him.
(25marks)
John regularly took his car to be serviced at his local garage, Fix It Ltd. On five previous occasions before handing his car over to the garage, John had been asked to read and sign a contractual looking document which contained a statement in bold red type which said: 法学论文代写
‘Fix It Ltd accepts no responsibility for any consequential loss or injury sustained as a result of any work carried out by the company, whether as a result of negligence or otherwise.’
On the most recent occasion, because the garage was very busy when he arrived, and was short-staffed, John was not given the document to read and sign. He was however given a short receipt for his car which he did not read. Fix It Ltd’s usual business terms were printed on the back of the receipt, including the statement above concerning liability.
When he picked up his car at the end of the day, after it had been serviced, John noticed a small dent in the passenger door that he was sure was not there when he had left the car at the garage that morning. He intended to ask his wife about it when he got home. And would then take it up with Fix It Ltd the next day if the damage had been done while the car was in the garage.
In any event, while he was driving home from the garage, John was severely injured when his car suddenly burst into flames. It transpired that the fire was due to the negligent work of one of the mechanics at Fix It Ltd. Fix It Ltd has accepted that the mechanic was negligent, but denies liability for John’s injuries, relying on the exclusion clause above.
Advise Fix It Ltd as to their liability to John in the event he makes a claim against them. 法学论文代写
(25 marks)
Fizz A Lot Ltd manufactures carbonated fruit drinks which it sells to cafes and restaurants. Essy’s Café is one of its customers and Fizz A Lot sends a consignment of drinks to Essy’s each week.
One week, the delivery van in which the soft drinks were being transported suffered an electrical fault which meant the chilled refrigeration unit in which the drinks were being stored failed. The driver was not aware of this, and on that particular week it took him 13 hours to drive up to Essy’s due to an accident on the motorway.
The drinks which Fizz A Lot manufacture contain fresh fruit with a very short shelf life. All drinks must be consumed within one hour of being taken out of the fridge or the fruit turns sour.
Two friends, Alison and Berenice visit Essy’s café. Berenice buys two Fizz A Lot drinks for herself and Alison. Immediately, they find that the drinks have gone off. Alison is violently sick over Berenice’s new Jimmy Choo designer shoes which she paid £300 for. They are ruined.
Alison and Berenice complain to the manager of the café. And ask for some money to compensate them for the loss of Berenice’s shoes. She thinks they are unwearable.
Advise Alison and Berenice on whether they can make any legal claim and any remedies available to them. 法学论文代写
(25 marks)
Gary runs a shop selling expensive laptops and state of the art gadgets. Last week he placed a notice on a laptop stating it was for sale for £100. This was a mistake as the usual price which Gary charges for such laptops is £1,800. Before Gary realised his mistake, Horace saw the notice on the laptop and said to Gary “I accept your offer and I will take the laptop for £100”.
Gary explained that the price for the laptop was £1,800. Horace was very unhappy and said that his acceptance of Gary’s offer constituted a contract and that Gary needed to legally honour the arrangement. Horace left the shop threatening to sue Gary.
Ida came into the shop and Gary had, just before, changed the notice on the laptop to its correct price. Ida offered to buy the laptop but explained that she needed to get some cash together so would speak to her parents about a short term loan.
Jack came into the shop later with £1,800 in cash and Gary sold the laptop to him. Jack took the laptop away with him immediately.
Advise each party on their rights and obligations in relation to the laptop. (25 marks)
