LW11011 Private Law of Scotland I Past Paper PDF

LW11011 – Private Law of Scotland I Week 1 ‘Case Law’ - worksheet Case Brief overview: Questions: name: Philp & Co v K wrote to P advising that “I am Was there a contract? Knoblauch 1907 offering..100 tons of linseed for Ja...

LW11011 – Private Law of Scotland I Week 1 ‘Case Law’ - worksheet Case Brief overview: Questions: name: Philp & Co v K wrote to P advising that “I am Was there a contract? Knoblauch 1907 offering..100 tons of linseed for Jan What was held? delivery @ 41/3, usual terms, are you buyers?” P replied accepting. K failed to deliver, P sued, K said there was no contract as they were merely advertising & inviting interest in the linseed Partridge v Offering to sell wild birds – offence under Did this amount to an Crittenden the Protection of Birds Act 1954 offer for sale? (RSPCB) 1968 P advertised bird for sale Thomson responded and bought bird. P sent bird, RSPCB prosecuted P Carlill v Carbolic CCS sold a smokeball claiming to prevent Why was this advert Smokeball Co flu. The advert stated that they would particularly unusual? 1893 pay £100 to anyone who bought the What was held? product, use it, and still contract flu. Mrs C used the product as per instructions and still contracted Flu. CCS claimed that the advert was not seriously intended and did not constitute an offer and thus could not be accepted. Fisher v Bell 1961 Offence to offer offensive weapons for Did this amount to an sale under Restriction of Offensive offer for sale? Weapons Act 1959. Flick knife was displayed in shop window with price tag. Pharmaceutical Boots charged with offence under the What was the point at Society of GB v Pharmacy & Poisons Act 1933 of selling which the sale in this took Boots Cash drugs without the supervision of a place? Chemist 1953 registered pharmacist (Note: self-service shop - supervision at (Note: This is an checkout only) extra case – not Case Brief overview: Questions: name: yet covered in class) Harvey v Facey H telegraphed F – “will you sell?...advise Was there a contract? 1893 lowest price..” Explain the legal F replied “lowest cash price £900” significance of each stage. H replied “agree to buy at £900” F refused to proceed. Chwee Kin Keong D sold printers. Advertised online at a What exactly was the v fraction of the price. 100 printers issue (or issues)? What Digilandmall.com ordered at the price stated. When was held? Pte Ltd mistake re. price discovered, D emailed to say they would not be fulfilling the order. McArthur v Employer offered to grant an employee a What is the legal Lawson (1877) partnership after 2 years. significance of this case? The terms of the letter stated that “..at the end of the 2nd year, I engage to give you a substantial interest by way of partnership in my business.” Wolf & Wolf v FPC’s offer to W to sell potatoes was for Explain the legal Forfar Potato Co acceptance by 5pm. significance of each stage. 1984 W issued a qualified acceptance which Was the same position was rejected by FPC adopted in Hyde v W then accepted the original offer - all Wrench (1840)? before 5pm; FPC ignored this and so W sued for breach of contract. Wylie & Lochead The offer was not accepted for 5 weeks What is considered a v McElroy & Sons but by then the offer was no longer open reasonable time? (1873) – the offer had lapsed by passage of time. Read the case to find out why time was of the essence. The general rule is that an offer will lapse after the passage of a ‘reasonable’ time