Steps Of The Situation Between Brenda And Albert

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I will take a step by step analysis of the situation between Brenda and Albert. Firstly, I will advise Brenda and afterwards Albert. I will present the facts chronologically, as given to me, and advise on each issue individually with supporting evidence. I will refer to court cases and legislation such as Consumer Rights Act 2015, Sale of Goods Act 1979, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and Unfair Contract Terms Act 1977. I will conclude by stating that despite the overwhelming evidence against Albert, supported by precedent court cases, there is no legal contract between the parties. I will provide Albert with legal advise assuming both business to business and business to consumer…show more content…
Moreover, as per Denning LJ, in Storer v Manchester City Council heard in the House of Lords, one does not look into the mind or intention of an individual to enter a contract, but in what “he said and did” which resulted into the formation of a contact. (Denning, LJ, 1974) Based on the Adams v Lindsell case, that was heard on June 5th 1818 in the Court of Kings Bench, one can conclude that a contract has been formed when the letter was posted by Albert. Furthermore, as per section 4 of the Sale of Goods Act 1979,a contract is “made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties” (parliament.uk, 1979) 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) It becomes undisputable, that when Albert changed his mind over the purchase of the gnomes, he is in breach of the contract. As mentioned previously, Albert by posting the
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