Sunday, April 25, 2010

Law of Contract (Case Studies)

Due to a rampant robbery in which the robbers used ski masks to cover their faces. The Cyberjaya Authority issued a regulation that makes it illegal to sell ski masks as a safety measure, the rule also makes it illegal for anyone to offer for sale the ski masks. In spite of this, Messy has not cleard the ski masks from the shelves of his sport equipment shop in Cyberia. The authority officials came to know about thsi and later on charged Messy under the new regulation. Advise Messy according to Contract Act 1950 and relevant decided cases.

Opinion:
In this case, Messy have been charged sue to the display of item which is ski mask in his shop. By the way, the authority cannot charged messy under the new regulation because it may consider as "invitation to treat" act. This is because in the first place which is under the Contract Act 1950, it requires offer and acceptance and consideration for a contract exist. In this case, by selling the ski mask only amount to an offer due to lack of the trade, there are no acceptance and consideration for the buyer part. The case of Pharmaceutical Society of Great britain v Boots Cash Chemists and Fisher v. Bell may be a reference. In the case of Fisher v Bell, display of any goods with a price tag on it in a shop was not as offer but rather was an invitation to treat, the Contract might not applicable ti this case since it just an invitation to treat.


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