Advise Rodney on course of action Essay Example | Topics and Well Written Essays - 1000 words

Advise Rodney on course of action - Essay Example Rodney can go to a court ÃŽ ¿f law against Derek. An example ÃŽ ¿f a case concerning a true offer is that ÃŽ ¿f Carlill v Carbolic Ball Co (1893). The company was so sure ÃŽ ¿f its smoke balls that they placed advertisements in newspapers stating that it would pay anyone who caught flu  £100 after using its smoke balls as directed. Mrs Carlill bought one ÃŽ ¿f the smoke balls, used it as directed but still caught flu. She claimed the  £100 reward but was refused, so she sued the company in contract. The court held that in this kind ÃŽ ¿f contract, which is known as a unilateral contract, acceptance consists ÃŽ ¿f performing the requested act and notification ÃŽ ¿f acceptance is not necessary. The court concluded that Mrs Carlill was entitled to recover the  £100 reward. An invitation to treat this is were a person holds himself out as ready to receive offers, which he may then either accept or reject, an invitation to treat is not legally binding where as an offer is. For example if a shop displays goods with a price tag attached, this is not an offer to sell but an invitation for customers to make an offer to buy. The Fisher v Bell (1960) case were a shop keeper displayed a flick knife in his shop window. He was charged with offering for sale an offensive weapon contrary to the provisions ÃŽ ¿f the Restriction ÃŽ ¿f Offensive Weapons Act 1959. His conviction was quashed on appeal. The Divisional Court ÃŽ ¿f the Queens Bench Division held that the display ÃŽ ¿f goods with a price ticket attached in a shop window is an invitation to treat and not an offer to sell. This case outlines the difference between an offer and an invitation to treat. In the case ÃŽ ¿f business and commercial agreements, it is automatically presumed that the parties intended to make a legally enforceable contract. It is possible, however, to remove the intention by the inclusion ÃŽ ¿f an express statement to that effect in the agreement. An example ÃŽ ¿f this can be seen in the