Business Law Assignment

Answer ONE of the following questions:

Question 1

Bryony runs a business selling beauty products to beauticians. She wrote to Benjamin the owner of “Beautilicious Bodies” offering to sell him a selection of specialist beauty products at an introductory one off price of £5,000.

Amongst other terms and conditions in the offer the letter stated that Bryony wanted to receive “ Notice in writing of your acceptance of this offer. Notice to be received by the writer, no later than fourteen days after the date of this letter”. The letter was dated 22 June 2012 and signed by Bryony.

Five days after receiving the letter Benjamin decided to accept it. He telephoned Bryony and left a message on her answering machine to say that he would be posting a letter of acceptance. He wrote to Bryony confirming his acceptance of the offer. The letter arrived at Bryony’s office on the 7 July 2012.

Bryony had been away from her office since the date of her letter to Benjamin but had returned on the 6 July and on finding no reply from Benjamin had sold the products to James. When Benjamin was informed of this by Bryony he was furious. But on checking his records he discovered that he had incorrectly addressed the envelope hence the delay in its arrival at Bryony’s office.

Before Bryony went away from her office she had lost her Dolce and Gabbana pink watch. She placed an advert in the local paper saying “£200 reward for the return of Dolce and Gabbana pink designer watch”.

Joshua found a watch fitting the description in the advert and took it to Bryony on 10 July 2012. But Bryony told Joshua that she had changed her mind and did not want the watch back as it was out of fashion and anyway it was not a genuine designer watch. Bryony told Joshua he could keep it.  Joshua is disappointed as he needs the £200 to pay towards his holiday.

Advise Benjamin and Joshua as to what rights if any, they have against Bryony.

 Question 2

Explain, with examples from case law, the difference between conditions, warranties and innominate terms, and how the courts decide what category a term falls into.

 Question 3

Simon has a small farm where he grows vegetables for sale to local markets; he also has several cattle and sheep, which he also sells to friends. Simon bought the farm in October 2012 and this is his first step into farming. He decides to buy feedstuff for the animals from the local suppliers Good Health, which is the only company selling animal feedstuff for several miles. To keep his costs down he has asked Good Health for a quote to sell him animal food in a bulk order.

Good Health has sent Simon a quote saying, “The cost will be £5,000 for 20 tons. Or we will reduce the cost to £4,500 on terms that we give no express or implied condition or warranty statutory or otherwise all of which shall be excluded from this sale.” 

Good Health is a large company with many years trading under its belt. Good Health has its own team of lawyers which negotiate contracts on its behalf.

Simon has never dealt with Good Health before, nor has he ever bought animal feed before. Simon buys the feedstuff from Good Health at the second offer of £4,500 for 20 tons. It is delivered on a Tuesday and he feeds it to the animals that day. Later that same day the animals become distressed and start to vomit. Simon calls out the vet. Some animals have to be destroyed, others survive but their milk and meat yield will suffer for the next few months as they recover. The vet confirms that the feedstuff is the cause. Simon contacts Good Health and tells them what has happened, Good Health agree to send over a representative to discuss the matter with Simon.

Advise Simon as to what claim if any he can make against Good Health.

For Quality Research Projects, Assignments, Dissertations, Theses: kojalajohn12@yahoo.com