Answer ONE of the following questions
1. Jane
deals in the supply of home-made cakes. Her cakes are in high demand and
normally she makes £2,000 a month. Cakes are even more in demand in December
when the Christmas season begins and normally she makes £4,000 in December.
In November her oven breaks and she
sees an advert from OvenCo Ltd. in a local newspaper ‘industrial ovens at a
bargain price of £1,000.’ She
immediately calls the company to buy an oven.
However, no-one answers the phone so she leaves a message saying ‘I’d
like to buy an oven, I have put the cheque in the post. Please deliver as soon
as possible.’ She then posts the cheque
for £1,000 to the address on the advert.
15 day later she receives the cheque back with a note saying ‘sorry, no
ovens are left.’
Advise Jane on her contractual rights
in the scenario.
2. John, a
sweet shop owner has been running his business (as a sole trader) for many years. His daughter Sarah has recently
joined the business and would like to be more involved. Eventually Sarah will
take over the business when her father retires. They want to set up the most
efficient business structure and may want to expand to more shops in future.
John has one employee, Tony, who has worked in the
business for 5 years. With Sarah now
working full time Tony is not required. John tells Tony not to come in anymore
As to all of the following, advise John and Sarah as
to:
(a)
the available choices of legal business structure;
(b)
the advantages and disadvantages of their choice of
legal business structure;
(c)
the extent
to which their liability for debts will be limited;
(d)
the degree of management and control they will each
be able to exercise in the business; and
(e)
their possible liabilities to Tony.
3. ‘The Unfair
Contract Terms Act 1977 is misleadingly named. It only deals with a tiny subset
of terms, and does nothing to make sure that contracts are fair.
Discuss
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