Offer And Acceptance : Business Law - Law Assignment

Internal Code - MAS5931

Business Law Assignment

Question - 1. Distinguish between an offer and an invitation to treat. 2. Distinguish between bilateral and unilateral contracts. 3. Read Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256: a. In what court was the case heard? b. Who were the judges deciding the case? c. Who represented the parties? d. What were the facts of the case? e. What was the result of the case? f. What was the reasoning of the judges to reach that result? 4. When will acceptance be communicated if sent by: a. Post? b. Email? c. Face to face? d. Text message? 3. Henry assembled components into personal computers and then sold them to customers.He needed to acquire ten hard disk drives and so wrote to Macro Memory Ltd ("MM") and inquired as to the availability and price of ten 4Tbyte hard disk drives and stated that he was looking to pay in the range of £1500 for all ten.MM wrote back to him and stated "Thank you for your order of ten 4Tbyte hard disk drives for £1500. Enclosed are our standard terms of business." The standard terms of business stated contained various terms including term 12.04B which stated "The customer agrees to pay an additional sum of 5% of the purchase price if the goods continue to function properly for a period of one year after the date of purchase." Henry wrote to MM and stated: "I cannot accept term 12.04B but otherwise the agreement is fine. Please ship immediately." MM shipped the hard disk drives with a letter stating that term 12.04B was an important term to them and had to be included.Henry built the computers using the disk drives and sent a cheque for £1500 to MM.Advise Henry as to whether he will have to pay MM the 5% if the disk drives continue to function for more than a year. Does it make any difference if Henry had used the disk drives but had at the same timewritten back and stated that he still disagreed with term 12.04B?