Explain the legal position in British Contract law; reach clear conclusions where possible, perhaps discussing alternati
Posted: Sun Jul 03, 2022 1:31 pm
Explain the legal positionin British Contract law; reach clearconclusions where possible, perhaps discussing alternatives ondoubtful points
Scenario
Bob Bell, secretary of Bumbledon Football Club (BFC) wanted tobuy wool scarves in the team’s new colours. After reading aboutRamsbottom Wool Products (RWP) in the local paper, Bob visitedtheir outlet and was impressed by the samples of similar productsthat he was shown. Labels on the samples read “fast colours”(meaning that the dyes will not ‘run’).
RWP are clothing wholesalers. Their catalogue and website showthese terms and conditions:
BFC ordered 500 scarves by e-mail in July, for deliverymid-August, at £8.00 per item. BFC’s order forms (attached to theire-mail) carry terms that state “orders constitute a legal offer tobuy at the price stated by buyer at date of acceptance.” RWPacknowledged the order by email.
The scarves arrived, with a delivery note; the note made nomention of RWP’s terms and conditions. Bob has noticed that theinvoice indicates a price of £9.25 per item.
By the day of BFC’s first match, the first Saturday inSeptember, most had been sold to supporters.
It rained on match day, and during the next fortnight severalcustomers began returning the scarves, as the dye in some of themhad run. One supporter, Steve, is not only claiming a refund, butis threatening a claim for damage to his camelhair coat that hasbeen ruined by the dye. “It totally ruined the day for me,” saidSteve. Bob has had to give refunds (£12 per item) to several othersupporters.
RWP has refused to grant Bob a full refund in respect of thescarves.
Consider the legal position of BFC in Contract with regardto:
Scenario
Bob Bell, secretary of Bumbledon Football Club (BFC) wanted tobuy wool scarves in the team’s new colours. After reading aboutRamsbottom Wool Products (RWP) in the local paper, Bob visitedtheir outlet and was impressed by the samples of similar productsthat he was shown. Labels on the samples read “fast colours”(meaning that the dyes will not ‘run’).
RWP are clothing wholesalers. Their catalogue and website showthese terms and conditions:
BFC ordered 500 scarves by e-mail in July, for deliverymid-August, at £8.00 per item. BFC’s order forms (attached to theire-mail) carry terms that state “orders constitute a legal offer tobuy at the price stated by buyer at date of acceptance.” RWPacknowledged the order by email.
The scarves arrived, with a delivery note; the note made nomention of RWP’s terms and conditions. Bob has noticed that theinvoice indicates a price of £9.25 per item.
By the day of BFC’s first match, the first Saturday inSeptember, most had been sold to supporters.
It rained on match day, and during the next fortnight severalcustomers began returning the scarves, as the dye in some of themhad run. One supporter, Steve, is not only claiming a refund, butis threatening a claim for damage to his camelhair coat that hasbeen ruined by the dye. “It totally ruined the day for me,” saidSteve. Bob has had to give refunds (£12 per item) to several othersupporters.
RWP has refused to grant Bob a full refund in respect of thescarves.
Consider the legal position of BFC in Contract with regardto: