The paper "Contract Law" is a great example of a law essay. In this particular case, the issue here is that of invitation to treat, offer and acceptance. When Ralph goes to the shop, he enquires about the price of the camera. Immediately after he is told the price, he gives his own stand on the price. What the shopkeeper did is that he was making an invitation to treat Ralph. Afterward, Ralph makes an offer to the shopkeeper which is not accepted (Hugh, 2010). For a contract to be present, then there must be an offer and acceptance among other elements.
There is no doubt that the offer from the “ offeror” must be accepted by the ‘ offeree” . In such a state of affairs, there is a meeting of minds between the two parties involved (Atiyah, 2006). In the case of the Pharmaceutical Society of Great Britain v Boots Cash Chemist, it was decided that it was an invitation to treat as opposed to an offer (Hugh, 2010). Consequently, this rendered the contract unenforceable as there was no contract from the onset.
In this case, the owner of the chemist had put certain medicine on display whereby the Pharmaceutical Society argued that it was not in order. The court held that displaying was simply making an invitation to treat. This is similar to the case involving Ralph. Ballarat Electronics had put the camera on display. It would be in order to deduce that what it was doing was simply making an invitation to treat. In such circumstances, it is the customer to make an offer to the shopkeeper. Ralph does this but the shopkeeper rejects the offer.
Ralph goes to other shops around searching for a similar camera but discovers that Ballarat Electronics was in fact cheaper by at least $ 50. On making the discovery, he goes back to Lauren with $ 250. To his amazement, Lauren refuses to sell the camera. What Ralph did was not different from what he did on the first occasion. He is only making a new offer. But the offer is also rejected (Atiyah, 2006). Mutual consent is an imperative component of a contract. How is mutual consent arrived at?
It is simply arrived at through offer and acceptance.
Atiyah, P. (2006). The Rise and Fall of Freedom of Contract. New York: Clarendon Press.
Ewan M., (2005). Contract Law - Text, Cases and Materials (2005). London: Oxford University Press.
Hugh, B. (2010). Contract law. London: Hart.
Paul, R. (2007). Law of contract. Foundation studies in law series. Chicago: Pearson Longman.
Randy, E. (2003). Contracts. Sydney: Aspen Publishers.
Scott F. (2009). "Reciprocal Altruism as the Basis for Contract," 47. Louisville: University of Louisville Law Review.