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need law advice for assignment!


may tham 1 / -  
Jan 18, 2013   #1
Hello Anyone,

I urgently need help on law assignment. Here is the question.

Bryan start his own food business online using internet and advertise in daily newspapers.

Case 1
Roy is going overseas in 1 week, saw Bryan's advertisement and go online to order but unable to click the 'place order' button. There is a phone number displayed in the website, inviting customer to place orders through sms. Roy place food order via sms and sent to Bryan but Bryan was in Thailand. Byran do not have auto roaming service and as a result, Bryan does not receive the sms. Roy waits until the night of his departure and is angry at the non-delivery. Roy calls Bryan and treatens to sue him.

Case 2
Mary is a canteen operator who used to make her own food. She saw the advertisement (cheaper than her food cost) and decided to place order. She goes to Bryan's website and place 200 packets and delivery to be within 1 week as Mary has a big catering project. However, Mary fails to read the terms and conditions column. Unknown to Mary, Bryan reserved the rights to accept or reject any order above 100 packets of food. Mary fails to receive the food on time and as a result, she is unable to provide the food to her customer at a major function. Mary's customer threaten to sue her and Mary threaen to sue Bryan for non-delivery.

Case 3
Nancy is old and computer illiterate. She gotten Byran's phone number from her friend. Nancy dial the number and speaks to Burk, Bryan's brother. Nancy tell Burk that she wishes to order 70 packets every week for 2 years. Burk says he will pass the message to Byran. Nancy tells Burk that if she hears nothing further on this matter, she will consider the order as confirmed. Nancy regularly receives her weekly supply for one year but thereafter, her business not doing good and losing money. Nancy refuses to pay Bryan and says there was never any contract between them as she never entered into a contract with Bryan.

Advise Parties.
riyak 6 / 13 1  
Jan 20, 2013   #2
What is the advice you need specifically?
First case Bryan is liable. By placing the phone number , he is offered his services and if anyone accepts it by placing an order through the given number, there is a valid binding contract. Whether or not, bryan received the info about the order is not the customer's concern. He did follow the specifics of the ad and did all that was required to do to create a valid order and therefore he is entitle to performance( having paid consideration).

Second case, bryan is not at fault if he does not accept mary's order( as he has reserved his rights). this is ofcourse subject to whther she had tendered a consideration which bryan has rejected as well. If she had already paid for the packets and Bryan has accepted payment and then failed to deliver, by the act of accepting consideration he had waived his right to reservation.

Third case, bryan is not liable cause the women has entered contract by her conduct( although she may argue that burk is not authorised agent of bryan and therefore there was no oral or written contract with bryan per se). in any case she will be liable for unjust enrichment.


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