There are two issues in this scenario. First, did Nicole enter a legally binding contract with her employer MI? Thus, obligating her to pay the additional £2 and not able to receive a refund. The second issue, is she entitled to the 10% discount as per the advertisement? It is helpful to understand if the advertisement was an offer or an invitation to treat. For it to be an offer, it must be shown that MI intended to become legally bound with the recipients. However, it is not MI’s intention to become automatically bound by sending one email. In Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd., the principle of invitation to treat was established. The ratio was putting goods on display did not constitute an …show more content…
Fresh consideration was not provided by Nicole, that is, she did not pay the extra £2. Nevertheless, since Nicole already had a pre-existing contractual obligation with MI for the other three goods, then past consideration is valid, as per Re Casey’s Patents, applied in Pao On v Yiu Long. Nicole is not likely to succeed in receiving the 10% discount. She failed to meet the condition clearly stated in the advertisement: ‘…attach it to the email you send with your order’. Nowhere does it say the voucher should be printed off and mailed. It asks for the voucher to be emailed. MI could be successful in arguing that Nicole did not meet the conditions to receive the discount and therefore, is not entitled to it. In her defence Nicole, may try to apply the postal rule, established in Adams v Lindsell, and claim she mailed in the voucher with Sharon’s papers accepting the 10% discount offer. Although MI did not receive the voucher at all, she could refer to Household Fire Insurance Co. v Grant that stated if the postal acceptance is properly addressed and posted, the postal rule can apply even if it never reaches its destination. Regrettably, it was not addressed properly, it was attached with a sticky note accompanying Sharon’s mail. Nicole will succeed in receiving her refund. Revocation by telephone is possible before acceptance if it is communicated clearly to the seller’s attention, as confirmed in
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In the UK, there are more than 1 billion scripts prescribed and dispensed every year (HSCIC, 2013). There are over 12,000 pharmacies in the UK, and approximately 1.6 million people visit a pharmacy every day (HSCIC, 2013). It is therefore natural to assume that between these 1 billion prescriptions, an error or mistake will be made. Current studies suggest that of all the dispensed medicines, there are approximately 0.01-3.32% errors made in community pharmacy and 0.02-2.7% in hospital pharmacy (James et all, 2009).
The Act controls supply of the medications. This act states that medicines supplied or sold at a pharmacy under the management of a qualified pharmacist. Then again, a few medications can be sold at different premises, for example, stores, the length of their repackaging and the premises can be shut to bar people in general. It's unlawful to offer medication from business stalls or from vehicles, for example, at auto boot
Drug courts have historically been the preferred way to treat drug users/offenders. What are the requirements for an offender who participates in drug court? How does this differ from the LEAD program?
The area of Law concerned in this case is The Law of Contract specifically relating to the revocation of an offer and counter offers. The case Wolf and Wolf vs Forfar Potato Co Ltd (1984) directly links to the case between Bruce and Ken. As Bruce is once again dealing with the Law of Contract specifically the non-acceptance of an offer, he is under no legal obligation to sell Ken the rare vinyl at the original price of £40. When Ken rejected the original offer he created a counter offer which in Scots law is a completely new offer and caused Bruce’s original offer to lapse and was up to Bruce to decide wether or not to accept the new terms, after Bruce rejected the counter offer all offers between Bruce and Ken had lapsed. When Ken came back insisting that there was a contract between them and he was entitled to the album Bruce was in fact under no legal requirement to give Ken the vinyl as all offers had lapsed and no contract existed between then.
The clerical order cannot be used in the court of law as a reasonable defence. Brenda acted legally, as he contract can only be looked at, in an “objective rather than subjective” (McKendrick,2015, p17) manner. Therefore, Brenda can only act upon the basis of what the letter says and that is 1000 gnomes. . Additionally, to what has already been said, Slade LJ in the Court of Appeal (Civil Division) ,in Centrovincial Estates plc v. Merchant Investors Assurance Co. Ltd, explained that one cannot “reasonably” have known the error when accepting the order. (Slade, LJ., 1983)
The probation officer explained to the observer that these individuals come in individually because the details of their case are more private than the others on Drug Court. In a very similar fashion, the Drug Court proceeded by the Judge asking for input from the probation officers as well as the service agency representatives. The observer noticed the main theme of Drug Court is for Judge Barrasse to verify the time spent in sobriety from each person. Upon hearing the answer, the entire room would respond with an applause. Unlike MHC, Drug Court consists of a series of four phases in which one graduates from in order to complete the entire program. The individual moves through the stages at the recommendation of the probation officer and in agreement with the treatment providers.
$95.26 was vouchered and returned to an authorized agent Mrs. Gail Smith [Mr. Smith's wife]
In this case, Kallessi Mc Tavish is the principal, Maya Stork is the agent and the new suppliers are the third party. Firstly, this is a case of ratification as all the requirements of ratification are met, i.e. there is a clear principal in existence. This requirement can be contradicted with the case of Kelner V Baxter 1866 LR 2 CP 174, where the directors ordered goods before the company was even formed and so could not be held to pay for the goods. Principal is in capacity. Ratification is timeous and can be contradicted with the case Goodall V Bilsland 1909 SC 1152, where the solicitor had 10 days to appeal against a license renewal of a wine merchant and won the case but the wine merchant appealed against this as the solicitor didn’t
There was insufficient evidence to demonstrate that Barnes did understand the label to constitute a representation in the form suggested. It was found that Glendale was negligent and in all circumstances, it was considered there was a duty on Glendale to include in the packaging a warning as to the consequences of using corrosive product with hot water in a confined space such as a drain. There was no specific defect with the caustic soda but the issue is whether it was defective within the meaning of Section 75AC. It was found by the court the label to be defective within the meaning of section 75AC.
Pharmaceutical Society of Great Britain v Boots cash chemist (Southern) Ltd was a Court of Appeal decision on the nature of an offer. The court held that a display of an item in a store with a price tag is not enough to constitute an offer. Such a display would be a mere invitation to treat.
Pharmed First Inc. is a widely successful chain pharmaceutical company with 85 drugstores located in Canada’s Atlantic provinces. George Brenner is one of the 6 regional managers and Angela MacFee is a store manager in a mall located in Dartmouth. One of MacFee’s loyal customers have purchased 9 packages of Diet Magic on September 2011 however wanted to return them on May 2012. Subsequently, MacFee reacted hastily and defensively, arguing with Johnston in spite of Pharmed First Inc. return policy (Figure 1). As a result, Johnston wrote a letter to Frank Chen, the president of Pharmed First Inc. and told Brenner to deal with it. He proposed that the company gives Johnston a $500 voucher and that MacFee apologizes. However, MacFee remained inflexible as she also challenged Brenner’s authority.
Besides that, goods on display is an invitation to treat and it is not an offer. (Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd[1953] 1 QB 401)
Under English Law, past consideration must not be recognised as a consideration. Past consideration regarded as gratuitous because the act done before a promise was made. For example, Ali help Abu to do the assignment, after finished the assignment, Abu promises to give Ali £5. Ali cannot take the money because this is past. However, if the parties who involved are understood that would be paid when something done in the business context and thus past consideration is
ANSWERS TO QUESTION 1 OF CONTRACTS EXAM Exam 5003 – AThe letter sent by B was an offer. An offer may be defined as a communication, having sufficient definiteness to eliminate the need for further negotiation, and creating the impression of manifest intent to enter into a K. An offer may be made to the general public, as in a mass mailing or advertisement, or to an individual. The letter was sufficiently definite. It provided the description of the product, a price, and a quantity. The quantity, while not particular, first created the impression of a great many pieces available. Second, it operated as an offer for a requirement K by UCC 2306. Such a requirement K need not be explicit in the quantity; it is