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Introduction to Law Assignment 2008
This question involves legal relations. These legal relations regard a contract presumed by Zarqa when ordering off ABC limited’s website. This follows the principles of commercial agreement in which the presumption was that both parties intended to create legal contract. A clause that was published by ABC limited in documents published and printed by them reads �in the case of any dispute as to the quality of the goods ABC limited reserved the right to repair or replace the goods at its discretion.’ the courts will presume that the agreements arrived in the commercial context and are intended to be legally enforceable.
There was an offer made in form of an advert on the website and by ordering the VX48 it will be presumed Zarqa accepted as this was a business agreement. This case is similar to the carlill v. carbolic smoke ball as the advertisement was the offer and to show their sincerity they sent other models to Zarqa, as they couldn’t obtain VX47’s but the contract that Zarqa entered in was for VX48.
When these VX48’s were not available ABC limited sent VX47’S along with a ÐЈ100 cheque and gave her two weeks to reply, this was the counter offer like the one made in case of Hyde v. Wrench, entering her into unfair contract terms act binding Zarqa into a contract to which she was unaware of.
Zarqa was given 2 weeks to reply and this wasn’t enough time as 2 weeks for the post is not sufficient and not enough consideration was given on the part of ABC ltd to Zarqa. She may rebut their claim that by not sending the models back she accepted as there was no communication and other instantaneous forms of communication by phone or email were available.
My advice to Zarqa would be that providing she can prove that she had entered the terms of an unfair contract and had no time to consider the offer made by ABC limited as the post can take along time and there was no direct communication therefore ABC limited will have to replace the model or offer full refund and damages. However