商法outcome22

Question 1Does Samir have a legally enforceable contract with Fairways for the purchase of the Matsumoto golf clubs for £150?No, it does not constitute an offer.The goods on display in shop windows, does not constitute an offer, it's just a willingness to engage in negotiations, part of the shop. If the customer wants the goods, he will buy merchandise store is completely their own rights, refused the offer.Is displayed in the window, Samir went to the shop goods. This description does not constitute an offer.Philip and Limited v Nob Locke 1907. The court held that the first letter is a binding contract, Nob Locke used the word "offer". This is very important, if it is not being used, then it may hare been classified as a willingness to negotiate.Question2What are the chances of Susan being successful if she goes ahead and sues Samir for the cost of her new designer outfit, the cost of her taxi fare and the disappointment caused?"No", you must also include some significant loss or obligation is a legal obligation.Susan went to the store to buy one for their own equipment. The contract will include both sides at least two or all of them will have obligations under the contract. Well, Susan can not succeed.The Morton Trust v elderly Christine friends learn to Scotland in 1989. Both offer this contract is legal. When Morton that the decision, only one of you want to terminate the contract, it is not legally binding. Therefore, the court held that the contract is binding.Question 3Is Dougie Campbell entitled to cancel its offer to build a conservatory and patio for Samir?Yes.If you do not offer period, it can withdraw at any time before it has been accepted.Samir input errors Campbell's e-mail address, so he accepted did not reach its intended target. This explains Cambell never received the e-mail. Therefore, he can cancel the offer.Thomson v. James in 1855. Thomson issued a letter of acceptance, beforethe entry into force of the exit. Therefore, the court agreed Tomson, the offer is valid.Question 4Can Samir insist that Stuart sell the car to him for £4,500?No.Counter-offer severed the original offer and make a new offer. Samir wanted buy the car for 4000, but Stuart refused. So the offer was canceled. Later Samir wanted buy the car for 4500, it is a new offer, Stuart can refuse it.Wolf & Wolf v Fortar Potato Co Ltd 1984. Dutch Co called an acceptance but which contained new conditions after the original offer. So the original offer was canceled. But the counter-offer was not accepted by Scottish. The court held that no contract was formed.Questions1 How would you classify Robert’s statement to Christine in relation to the condition of the car?It is a fraudulent misrepresentation.It leads wrong substantials, the party to make the statement not to do so led to the other contract. And the other party can provide restitution. Robert said, this car is only one previous owner, and the owner to get rid of the car is too old, but in fact, the car has suffered irreparable harm, and participation in the result of the collision.Smith 1945 V SIM. Shen Smith's contract, fraud, fraudulent misrepresentation, the court held that the contract can be revoked.2 What is the status of the contract between Christine and Marvellous Motors?The contract can be void or voidable. If the misrepresentation causes an error in the substantials the contract is void. If the misrepresentation only makes a minor detail the contract is voidable.Attwood v Small 1838. The purchasers of a mine were told exaggerated statements about its earning capacity by the vendors. Six months after the sale was complete the plaintiffs found the defendant's statement hand been inaccurate and they want to cancel the ground of misrepresentation. The court held that there was no misrepresentation because purchaser didn't rely on the representations, they relied on that of their experts.3 What legal remedies are available to Christine in this situation? Cancel the contract. Make the contract void ask for damage. The car is different from what Robert said to Christine. Robert's misrepresentation hand led to an error in the substantials. So Christine can make the contract void and ask for damage.Smith v Sim 1954. Sim fraud smith in the contract, it is Fraudulent Misrepresentation, so the court held that the contract could be rescinded.Questions1 List the legal remedies available to an innocent party who has suffereda breach of contract.Damages, Specific implement, Rescission, Defensive remedies.2 What is the most appropriate remedy that Alasdair should seek from the courts in this situation?Specific implement, this is the remedy of negative specific implement. It forcing someone who has been in breach to stop doing something. Anderson v Pringle of Scotland 1998. The statement did not refer to redundancy, so the employer argued that the collective agreement was incorporated only to the extent that one of its provisions was referred to in the statement.Courts will not grant injunctions if an employer has to take a positive step, but here there was no lack of trust between theemployer and the employee, and it was fair to hold the employer to its own agreement. The court held that The tribunal had decided that the combination of age and Lifo was unfair.Question 1What is the s tatus of Karen’s contract with her business customers?The contrat terminated. When the frustration of the contract, the accidental offense.A new legislative fine. It is illegal to sell or provide those products. Contract between Karen and her corporate clients.The Taylor v.Caidwell1862. Bishop Caldwell the Surrey Park Music Hall, and agree to rent out Taylor and Lewis for £ 100 a day. Then, on June 11, 1861, one week before the first concert, the music hall razed to the ground. The plaintiff sued the owner for breach of contract, not rent Concert Hall Concert Hall. The court held that both exempt obligations under their contract.。