LAW1091: Business & Co Law
Business and company Law
Coursework is receipted on the understanding that it is the student's own work and that it has not, in whole or part, been presented elsewhere for assessment. Where material has been used from other sources it has been properly acknowledged in accordance with the University's Regulations regarding Cheating and Plagiarism.
000613042 Han Tun
For Office Use Only__________
Moderation required: yes/no
Coursework – 2011/12
Arnold advertised his car for sale in the Morning Gazette, a local newspaper. The advertisement read as follows:
‘2009 Fiat Punto 1.3 Manual Diesel 47,600 miles – asking price £5,000. Ring 07777 1234567’. 6 Acacia Ave, London SE10 9ZZ.’
Bob telephoned Arnold and told him he would pay the £5,000. The connection stopped working before Bob could hear Arnold say, ‘I accept your offer’. Bob sent a text message to Arnold confirming his statement but this was misdirected and went to another number.
Two days later Arnold offered the Fiat Punto to a work colleague, Cynthia, also for £5,000. Cynthia thought about the offer for a few days and left a voicemail message on Arnold’s mobile phone to say that she would pay the £5,000 for his Fiat Punto as long as it had a current MOT and full service history.
A week later, Jason saw the advert for the Fiat Punto and sent a letter of acceptance in the post.
Advise Arnold on whether he has a contract with any of the above parties now that he has decided not tell sell his Fiat Punto.
DEADLINE: 1 December 2011
Word limit 1500 words
Warning! Plagiarised and non-independent work will be zero-marked
Assessment criteria By the end of this coursework, students should have been able to demonstrate:
An understanding of the formalities of the law of contract, particularly the principles governing the offer and the acceptance,
An understanding of the legal rules in respect of forming a legally binding agreement
The ability to apply the principles and rules of the law of contract in an accurate and cohesive manner
An ability to produce written material in a presentable format, using accepted legal principles, supported by relevant and properly-referenced cases and other authoritative sources
Competent use of IT (word-processing)
Arnold decided to sell his car and he advertised in local newspaper as below
“2009 Fiat Punto 1.3 Manual Diesel 47600 miles. Asking price £5000. Ring 077771234567. 6 Acacia Ave, London, SE10-9ZZ”
In this scenario, there are three potential buyers known as Bob, Cynthia and Jason. They all believe that they have a contract with Arnold regarding to the sale of the Fiat Punto. The purpose of this essay is to identify and discuss possible legal issues involved in the scenario. During the discussion with each potential buyer, there will be also supporting evidence form previous law cases form academic books. In conclusion, Arnold will be advised whether or not he has a contract with all three buyers.
Arnold’s advertisement in newspaper is just an invitation to treat not an offer. According to Keenan and Riches “ An invitation to treat is where a person holds himself out as ready to receive offers, which he may either accept or reject"(Keenan and Riches 2007, p-216). For examples sale of goods display on shop window, auction and sale advertised for public. Case example Partridge V Crittenden (1968)” the court ruled that an advertisement in a magazine for ‘Bramblefinch cocks and hens’ at the price of 25 shillings was not an offer it is merely an invitation to treat. (Keenan and Riches 2007, p-216).The