Contract Law Case Study

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Contract law is the area of law that concerns most people in their everyday lives. We all buy goods and services, we work for organisations under stated terms and conditions or make agreements for with strangers. All these deals or agreements are governed by the law of contract. With it part of everyday life, it is the most litigated and most examined areas of law. To create an enforceable contract there must be an offer from the offeror asking the offeree to do or not do something. There needs to be an acceptance of this offer by the offeree. The four main elements to establish a contract, offer, acceptance, consideration, and intention to create legal relations. In this assignment, I will discuss the key elements that are needed to create…show more content…
An Invitation to treat is where the potential seller is inviting people to make an offer to them. The case Pharmaceutical Society of Great Britain v Boots [1953] 1 QB 401 Court of Appeal, distinguishes the difference of what’s an offer and what’s an invitation to treat. In this case Boots changed their store to self-service. Where the potential buyer would collect their items from the shelves and bring them to the cash till. Boots were charged by the society of selling pharmaceutical products without the supervision of a pharmacist. The plaintiff said that the sale of the product was when the person picked the item off the shelf. Boots denied the claim and court agreed with the defendant saying that (INSERT…show more content…
Consideration is some benefit received by a party who promises or performs an act or some detriment suffered by a party. Consideration can be money, goods, services etc. Consideration must be real or sufficient in that some value, however trivial, must be placed on it. If a person wishes to sell land for a well under value, courts will only interfere if there has been misrepresentation or some other element to invalidate the contract. This means the people are free to make whatever bargain they wish and law is only worried that it is sufficient. Consideration is insufficient and cannot be accepted by law if it’s an illegal, indefinite, or impossible promise, a pre-existing contractual obligation or a duty imposed by the law. In the case of O’Keefe vs Ryanair Holdings (2012), O’Keefe was the one millionth passenger to fly with Ryanair and was asked if she would participate in a marketing exercise to mark the occasion. The consideration for this was free flights for life for O’Keefe and a chosen companion. Several years later, the defendant wanted to restrict her flights and O’Keefe sued for a breach of contract. Ryanair claimed there was no contract as the consideration was insufficient. Kelly J rejected their claim and said O’Keefe gave up her privacy to take part in marketing campaign and it was sufficient

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