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Advice for Winder Ltd as to Their Contractual Liabilities

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ADVICE FOR WINDER LTD AS TO THEIR CONTRACTUAL LIABILITIES

The purpose of this essay is to advise Winder Ltd as to its contractual liabilities regarding their three customers. It will define and explain three stages of Contract law, Offer, Acceptance and Revocation and how they apply to the given situation.

As a marketing strategy Winder Ltd placed an advertisement in the ‘Dailey News’ newspaper and on their website offering ‘Free unlimited E-Books for a year available to its first 30 new customers, stating they must apply on-line before the 5th November 2011. By taking up this offer the reader will be entering into a contract with Winder Ltd. A contract is a legal agreement and forms part of “Civil Law”. The definition of “Civil Law” is “a wrong committed against an individual or organisation. Should there be a challenge to the legality of this offer, it would be heard in small claims court at County Court (Elliott & and Quinn: 2011).

There are three forms of offer in contract law a “bilateral, unilateral, and an invitation to treat” and each have their own terms and conditions.

A person promising to sell something to another and that person agreeing to buy it would constitute a “bilateral contract”. Each person takes on an obligation, by the promises made to each other. These are between two people for example a person offers their Laptop for sale and another person offers to buy it Harvey V Facey [1893].

“Unilateral offers” is from one party to everyone, or in the case of a newspaper advertisement, anyone that reads the newspaper. An example of this is the Great Northern Railway V Witham [1873] case whereby only one party assumes an obligation under the contract. We see examples of unilateral contracts between an Estate Agent and a Vendor wishing to sell their house. The

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