Law of Torts BUS 107 Commercial Law Week
Law of Torts BUS 107 Commercial Law Week 6 Lecture
IRAC • Issues • Rule • Application of rule • Conclusion
What is Required • Correct identification of issues • Well structured • Demonstrate a good understanding of the legal principles raised in the question • Good application of the facts in the question to the law • Sound presentation of arguments citing relevant authority
Example Mary desperately wants a Samsung Galaxy S 8. She goes into different mobile phone shops every lunch hour looking for one on special. Because it is a new model, nobody is discounting it. All the shops sell it for $1, 229. 00. She cannot afford that price. One day she goes into “Stupid Steve’s Discount Phones”. She sees a Galaxy S 8 on the display board with a price tag of $122. 90. She immediately says to a salesman “I’ll buy that phone for the sticker price of $122. 90 – here’s my debit card. ” The salesman says “Sorry, that’s a mistake – they’ve put the decimal point in the wrong place. I can’t sell it to you for that price. ” Can Mary make the store sell her the phone for $122. 90?
Solution Issue 1 • Offer Rule • An offer must be a firm promise, it is different from an invitation to treat Application • Pharmaceutical Society v Boots • The display of an item on a shelf in a store is not an offer Conclusion • The store has not made an offer that is capable of acceptance and so there is no contract
- Slides: 5