Great Deal! Get Instant $10 FREE in Account on First Order + 10% Cashback on Every Order Order Now

Peter Piper owns an electrical store called Everyday Electrics, which is situated in Portsmouth High Street. One day inearly September, Paris Sheraton visits Everyday Electrics and falls in love with...

1 answer below »
Peter Piper owns an electrical store called Everyday Electrics, which is situated in Portsmouth High Street. One day inearly September, Paris Sheraton visits Everyday Electrics and falls in love with the bright pink vacuum cleaner that isdisplayed in the shop window. Paris approaches Peter and says that she’d like to buy the vacuum. Peter explains thatthe vacuum cleaner is not for sale as it is a display model , on loan from the manufacturer. Paris gets very angry andtells Peter that she will sue Everyday Electrics if he refuses to sell the vacuum cleaner to her.Since his business is doing so well, Peter decides to sell his Ford Fiesta and invest in a new car. He meets BritneyArrows at a Chamber of Commerce Lunch on 2 October and offers to sell her his Ford Fiesta for £2,000. He asks herto email him at the address on his business card. Britney says that she will consider his offer and get back to him.Britney thinks about Peter’s offer for two weeks and then decides that she would like to buy the car. On 15 October,she emails Peter telling him she wants to go ahead and buy the car. The following day she discovers she has aproblem with her server and she can’t tell if her email to Peter has been sent. She attempts to reach him by phonebut only gets his voice mail. She leaves a message on his landline hoping he will hear it. Unfortunately, he sold thecar to Samantha Snake on 17th October because he thought Britney must have decided that she did not want it.Britney is furious when she discovers what has happened and says that Peter has broken their contract. When sheconfronts him, he tells her that he never listens to his answer machine messages on his landline and never receivedher email.In November, Peter is visited by the sales representative of a company called Microwave Madness Ltd.Following their discussions, Peter agrees to order 10 microwaves and signs the sales agreement withoutreading it. The agreement contains a statement that says, “Microwave Madness Ltd accepts no liability inrelation to the quality of the goods supplied, or their fitness for purpose and no liability for damage orpersonal injury is accepted.”Peter decided to take one of the microwaves home to see whether he could get it to work. Whilst he wastrying to warm up a sweet and sour chicken ready meal, the microwave exploded and Peter was badlyburnt when the microwave caught fire. He called the emergency services and two fire fighters quicklyarrived at the scene. Peter immediately told them that the contents of his home were extremely valuableand contained irreplaceable items but if they could prevent the fire from spreading to other parts of hishouse he would reward them with £100 each. The fire fighters were successful in extinguishing the fireand stopped it spreading beyond the microwave. Later on the fire investigator confirmed the fire wascaused by the defective microwave.1. Advise Peter in relation to any contractual and tortious liability arising from these facts. Youshould address the following issues in your answer.Peter’s potential contractual liability to Paris.Peter’s potential contractual liability to Britney.Microwave Madness Ltd’s liability to Peter under the law of contract AND tort.Peter’s liability to pay the reward to the fire fighters.
Answered Same Day Dec 23, 2021

Solution

Robert answered on Dec 23 2021
117 Votes
Peter’s Potential Contractual Liability to Britney
PAGE
6
Business Law: Contract Law and Tortuous Liability
CONTRACTUAL AND TORTUOUS LIABILITY
Name
Contractual and Tortuous Liability
Institution
Date
Peter, Paris Sheraton and Vacuum Cleane
Based on Common Law known as tort law or the law of torts, case of Paris attracts no compensatation for any damage
. Peter is not contractually liable to Paris. Paris was willing to negotiate under contract law known as ‘invitation to treat’ or ‘invitation to bargain’, but Peter did not indicate any intention to accept Paris’ offer. According to Worthy
, a contract is formed where there is an offer, an acceptance, consideration and an intention to create legal relations. Invitation to treat and offer is distinguishable. Paris attraction to a stunning pink vacuum cleaner does not wa
antee her to have it, even if she paid as much as she could.
However though, Peter has an obligation to protect consumers like Paris, from misleading advertisements. Such adverts
ing up false hope to buyers and in some instances; buyers could succeed suing businesspersons like Peter for incrementally or exploitive misleading. It is advisable for Peter to take note of this seemingly harmless action
.
Peter, Britney A
ows and the Car Sale
The agreement between the two did not anticipate a server
eak down. It is regretful that Britney lost the deal because of common server mishaps. Unfortunately, Britney cannot hold Peter liable for a deal not undertaken because of server
eakdown. Even though Britney seeks to take up an issue with the server providers, its not guaranteed that the server providers will help in any way. For this case, Peter should not accept liability to Brittany. He is protected by contract law of tort that does not find him of any negligence or intentional cause to not sell the car to Britney. Regardless of the voice messages or any other mode of communication, Britney simply did not get back on email as both agreed.
It was difficult for Britney and Peter to anticipate the internet server to
eak down and include that probability as a feature in their agreement. Nonetheless, Peter is not contractually liable to Britney.
Their prefe
ed mode of co
espondence was via email. Nevertheless, Britney can support her arguments that they had both agreed it her who was to contact him. Peter’s decision borders on assumption which imposes on him a catch of liability. In spite of that, there is possibility to...
SOLUTION.PDF

Answer To This Question Is Available To Download

Related Questions & Answers

More Questions »

Submit New Assignment

Copy and Paste Your Assignment Here