Question

BUSINESS LAW; write at least 4 pages

(A) George writes to scott offering to sell her designer Handbag for $5, 000. scott receives the letter on November 3 2019 and on November 5 2019 posts a letter accepting george's offer and sends a cheque of $5, 000 in the meantime, however George has sold the designer bag to her friend Mark for $6, 000 believing that Scott was not interested. George received Scott’s cheque on November 7 2019. With the aid of decided cases, advise Scott as to her legal rights.

(B) Isabella bought 4 bottles of coke from Walmart, this drink was manufactured and packaged by H-holdings ltd. Isabella and her children had opened and drunk from one of the coke bottles. However, they noticed that one of the coke bottles that was not yet opened thereby not yet consumed contained a dead snail in it. Knowing that you are a business law student, Isabella comes to you for advice on whether she has a claim for damages for personal injury as a result of the dead snail in the bottle.

Answer 1

Solution

(b) Yes Isabella eventhough she discovered that the coke she purchased is defective after partially consuming the same,she can claim for damages for personal injury as a result of dead snail in the bottle.The damage might not have occurred physically to her (in form of hleath issues) but she suffered (trauma)when she saw the snail ,the negligence on quality checks by Wallmart and Coca-cola; she put some trust on them by purchasing their product but now in this case it is lost.

(a)Scott cannot exercise his rights for the designer bag from George because eventhough she accepted his offer,George did not receive the same till November 7.Even before November 7,he sold it to Mark thinking that Scott is not interested.

So George's contract/ proposal with Mark is valid and Scott cannot contest for the same since the offfer and acceptanceof offer between George and Mark happened even before George had received the acceptance for his offer to Scott.

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