A Brief Note On The United States And Pharmaceutical Society Of Great Britain V Boots Cash Chemists ( Southern ) Ltd

Decent Essays

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

Get Access