Hi everyone. This is my first post so please ignore my ignorance. I have a coursework question and was just wondering if you could help me understand the basic principles which are related (Laws and acts)
I have included the question below, any help welcomed!!
Eccentric businessman Jeremy Moredym is a fruitcake seller. In June he puts up the following signs around his village:
" I have received a delivery of finest strawberries and promise to bake a superb strawberry cake for anyone who posts a £10 note in an envelope, marked with your name, through my letterbox at 17 Beardie View. I guarantee the cake will be ready for collection at my house 24 hours later. J. Moredym June 2015 "
Everyone in the village knows Jeremy is, to put it mildly, strange, so they ignore the notices. No-one removes the notices and on a Tuesday morning six months later a Scots tourist, Nicola Stirgoon, responds to the notice and puts an envelope with her name and £10 through Jeremy's letterbox. She also writes on the envelope that she will pick the cake up at 5.30 on Wednesday evening.
When Nicola turns up on Wednesday there is no strawberry cake but after some argument, Jeremy offers Nicola a treacle tart for the £10. However he says he has never made a treacle tart before and if it makes Nicola ill his liability will be limited to £10,000, the amount of his business's insurance cover. Desperate for a tart, Nicola agrees. Carelessly, Jeremy allowed some caustic soda to mix with flour and so when Nicola eats it she is very ill, cannot work and loses £150,000 of income. She sues Jeremy for the lost income.
Nicola wishes to sue Jeremy for breach of contract for failing to provide her with the strawberry cake, and for injury and her full loss of earnings as a result of eating the treacle tart.
Advise Nicola as to the legal position. Your advice should include which court is likely to hear her case in the first instance, and in which court any subsequent appeal would be heard.
In your advice to Nicola you should identify the various stages in forming a contract, and refer to relevant cases and legislation to support your advice. Your answer should relate only to contract law issues and should not address issues of liability in negligence
1st Year Law coursework help Watch
- Thread Starter
- 02-02-2016 18:03
- 06-02-2016 14:50
Consider whether Jeremy's sign is an offer or invitation to treat in deciding whether a contract was formed and also if it was amended. Regarding her getting sick, look at UCTA in relation to exclusion of liability