商法考试outcome2 全答案.doc

一 Does Samir have a legal enforceable contract with Faitways for the purchase of the Matsnmoto golf club for $150? No, he doesn’t. a valid contract has three essential features: there must be agreement on all material aspects, at least two contracting parties and legal obligations. A display of set of golf clubs in window of Fairways is only known as invitations to treat means an indication that someone is prepared to receive offers with the view to forming a binding contract. It’s not an offer itself. The case situation is only goods displayed in a shop window which are classified as invitation to treat. There is not any contract existence, so Samir hasn’t got the enforceable contract to purchase the golf clubs. Samir can only has a right to give an offer to shop for buying product and the shop has the right to refuse the offer. Judicial Precedent: Pharmaceutical Society of Great Britain v Boots The Chemists (1952) The precedent is based on The Pharmacy and Poisons Act 1933 required the sale of a listed poison to be supervised by a registered pharmacist. The argument is whether the display of goods on the shelves was an offer legally speaking or merely an invitation to treat. Decision: the court ruled that it’s only an invitation to treat, so Boots were therefore not breaking the law. The offer was made when the customer presented the goods at the counter and acceptance would also be made there where a registered pharmacist was present. What 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 and the disappointment coursed? There is no contract in this situation.，so Susan will fail to sue Samir. A personal or social obligation will not usually be classified as a legal obligation. The agreement between Samir and Susan is only a social agreement, and they both have no intention to create an binding contract for this appointment, so it’s unsuccessful for Susan to sue Samir. Judicial