Monday, June 10, 2019

Discuss the following problems in relation to the Scots law of Coursework

Discuss the following problems in relation to the Scots law of contract. You must summons to primary sources such as judicial precedent and legislation in your answer - Coursework ExampleThe plaintiff being a chief inspector of guard force alleged that the defendant had violated this section by offering the knife for sale. It was held that the display of knife in the defendants shop was non an offer but an invitation to treat. Hence, no liability arose.Advertisements are generally regarded as invitation to treat and are not considered as valid offers. However, advertisements can also issue forth to a general offer which can be accepted by anyone. It depends on the words used in the advertisement whether it is to be treated as an offer or an invitation to treat. In Carlill v Carbolic Smoke Ball Company2, the defendants made a product called smoke ball which was claimed to be a cure for influenza. The defendants promulgated an advertisement in various newspapers in which they claim ed to pay 100 to anyone who used their product according to the instructions but still contracted influenza. The plaintiff power saw this advertisement and bought one of the balls. She used it three times daily for almost two months but contracted the flu. She claimed 100 from the defendants. The defendants rejected her claim arguing that in that respect was no legally binding contracted between them and the plaintiff. The courts held that the advertisement was not a unilateral offer to the whole world but it was open for toleration for anyone who fulfilled the condition of using the product according to the instructions. The satisfaction of conditions constituted acceptance of this offer. Further, the purchase and use of the smoke ball constituted good consideration. Therefore, the defendants were held apt(predicate) to pay 100 to the plaintiff since there was a legally binding contract.Christinas advertisement was a unilateral offer to anyone who fulfilled the condition of co nsumption 50 or more in Elegante. Anyone who fulfilled this condition accepted this offer and was entitled to the voucher. David

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