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Monday, April 22, 2019

Discuss the following problems in relation to the Scots law of Coursework

Discuss the following(a) problems in relation to the Scots law of contract. You must refer to primary sources such as legal precedent and legislation in your answer - Coursework ExampleThe plaintiff being a chief inspector of police force alleged that the defendant had violated this section by offering the knife for sale. It was held that the parade of knife in the defendants shop was not an offer but an invitation to treat. Hence, no financial obligation arose.Advertisements are generally regarded as invitation to treat and are not considered as valid offers. However, advertizements can in addition amount to a general offer which can be accepted by anyone. It depends on the run-in used in the advertisement whether it is to be treated as an offer or an invitation to treat. In Carlill v Carbolic Smoke Ball Company2, the defendants made a result called smoke ball which was claimed to be a restore for influenza. The defendants published an advertisement in various newspapers i n which they claimed to pay 100 to anyone who used their product accord to the instructions but still contracted influenza. The plaintiff saw this advertisement and bought one of the balls. She used it terce times daily for almost two months but contracted the flu. She claimed 100 from the defendants. The defendants rejected her claim rivalry that there was no legally binding contracted between them and the plaintiff. The courts held that the advertisement was not a coloured offer to the whole world but it was open for acceptance for anyone who fulfilled the condition of using the product according to the instructions. The satisfaction of conditions constituted acceptance of this offer. Further, the purchase and use of the smoke ball constituted correct consideration. Therefore, the defendants were held liable to pay 100 to the plaintiff since there was a legally binding contract.Christinas advertisement was a unilateral offer to anyone who fulfilled the condition of spending 50 or more in Elegante. Anyone who fulfilled this condition accepted this offer and was entitled to the voucher. David

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