business law
The case is basically about offer and acceptance and is revolving around WC Bogs and Sons, (who manufactures high quality bathroom fitting) and Bathroom Ltd. Before I jump into the case I would like to give a quick explanation of what goes into formation of a contract. A contract is a legally enforceable agreement between two or more parties. The core of most contracts is a set of mutual promises called “consideration.” Contracts are enforceable in the courts. If one party meets its contractual obligations and the other party doesn’t (“breaches the contract”), the non breaching party is entitled to receive relief through the courts. The case begins when WC Bogs and sons advertises for the bathroom suits at ₤200 each. This is just an advertisement and not an offer and would be termed as invitation to treat. Conflicts often arise about whether there was actually an offer or whether there was merely an invitation to treat, which is commonly defined as any other statement made in the process of negotiation which furthers the bargaining process but is not in and itself an offer. There is a business sense in treating such advertisements as “invitations to treat” because if they were treated as offers the adver
tiser might find himself contractually obliged to sell more goods than he in fact owned. In the case, Pharmaceutical Society v Boots 1952 - drugs on a shelf are not an offer but an invitation to treat, hence the sale is still ‘under the supervision of a pharmacist’ since the offer is made at the cashier’s desk, where a pharmacist will supervise. The case moves ahead when Bathroom Ltd replies to the advertisement and gets into negotiations with the sales director of WC Bogs and gives him an offer weather they are interested in selling 100 bathroom suits at the rate of ₤150 each. The negotiations further moves ahead when WC Bogs gives a new offer saying that he would do a special deal of ₤150 on silver sets. An Offer is an expression of willingness to contract, and is made with the intention that it shall become binding on the person making it as soon as it is accepted by the person to whom it is addressed. The offer must be communicated. As in the case of WILLIAMS’s v CARWARDINE (1833) information was given by the plaintiff ‘to ease her conscience’. In R v CLARKE (1927), the information was given by the defendant to clear him from a false accusation. WC Bogs further informs saying that Bathroom Ltd should inform them if they are accepting the offer before 5 PM Tuesday either through fax or email as a written confirmation. As we move future, the claimant i.e. Bathroom Ltd faxed to ask if the prices of ₤150 includes taps and fittings at 1 PM on Tuesday, but did not receive any reply. As we throw light on the above condition, we can actually derive two dimensions from it. Firstly when Bathroom Ltd asked that the price of ₤150 includes taps and fittings it looked like a counter offer to WC Bogs. A Counter-Offer is the rejection of an offer and a new offer to the original offeror. In other words, in the case of a counter-offer, the first offer is voided by rejection. As in the case of Hyde v Wrench 1840 - offer to sell a farm for
Some topics in this essay:
WC Bogs,
Bathroom Ltd,
FELTHOUSE BINDLEY,
Co Colson,
Society Boots,
Postal Rule,
Hyde Wrench,
Keeping Rule,
WILLIAMS’s CARWARDINE,
wc bogs,
Bogs Counter-Offer,
bathroom ltd,
wc bogs sons,
bogs sons,
invitation treat,
offer acceptance,
sent email,
includes taps fittings,
includes,
existence contract,
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contract rule,
bathroom suits,
wc bogs offer,
includes taps,
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Approximate Word count = 1330
Approximate Pages = 5 (250 words per page double spaced)
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