Law of Purchasing and Supply Case Study

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Law of Purchasing Supply

What constitutes a contractual 'offer' according to English law? Your report should include references to common law, statute law, and European Union Law where appropriate.

A contractual offer is when two parties display a willingness to enter into a contract. They understand that it will be binding once the offeree accepts the agreement. When a party is requested to offer a contract, this invitation to treat can be rejected or accepted.

An arrangement becomes accepted when the offeree communicates their willingness to comply with the provisions of the proposal. This can occur through: the offeree or an agent authorized by them conveying these intentions. As a result, the contract becomes binding when terms are accepted by all parties.

However, there are various distinctions among: common, statutory and European Union regulations that have shaped the current form of a contractual offer. Under English common law, a contractual offer can be either oral or written, with a written contract carrying much more merit in a court of law. This is based off of: the various customs, case precedents and traditions that have been established over the years.

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The Unfair Contract Terms Act was applied in 1977 as a way to stop the extension of common law. The act, a statute law, addresses exemption clauses of business liability that attempts to: restrict or exclude fault of the corporation (Macdonald 2004).Therefore, statute law occurs as doctrinal writings that are then interpreted.

The European Union regulations were implemented into English law through the Unfair Terms in Consumer Contracts Regulations of 1999. These directives utilized a test on various contracts to ensure fairness between: the sellers / suppliers and consumers. While, business to business contracts are not included. (Macdonald 2004)

In the case of Michael and Laura; Laura, is liable for any damages that Michael may have incurred. This is because they both have: written and verbal agreements. Under English common law as well as the Unfair Terms in Consumer Contracts Regulations of 1999 this is a legally binding contract. The fact that she did not see the email; is not any kind of reasoning for backing out of the deal. As, she requested delivery of these computers on: a specific day and time, causing Michael to have.....

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