Cases and Materials: Commercial Law

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Part 1: Tom v Whittless Pty Ltd Tom is in a predicament where he needs a quick way to lose 4 centimeters off his waistline as quickly as possible, so when he see’s the advertisement for the ‘Whittless Waist Whittler’ he suddenly has the answer to his problems. How ever after using the Whittler as instructed for the time period instructed, Tom didn’t receive the results advertised and wished to claim the $1000 reward. Firstly it is important to acknowledge that there is definitely a contract between the Tom and Whittless Pty Ltd. The offer in the contract is the initial advertisement of the Whittless Waist Whittler’, and the acceptance of the offer is the process of using the product as instructed. It makes no difference that Tom didn’t buy the Whittler himself, as the terms of the product do not specify that the offer is only available to those who purchase the product, further the offer isn’t the purchasing process, rather the advertisement, and the acceptance is not the purchasing process rather the actual carrying out of the instructions over the advertised period. Further, the consideration in the Tom v Whittless Pty Ltd case is not the actual purchase of the product but rather the detriment of Tom giving up time and freedom to use the product, In this case the offeror doesn’t need to receive any tangible benefit. This legal principle was first used in Carlill v Carbolic Smoke Ball Co. [1983], Where Judge Lindley held that to accept an offer a person only has to follow the indicated method of acceptance, it will be seen as sufficient acceptance without notification If the offeror has either expressly or impliedly notified that the offer does not need to give notice of acceptance. Therefore the contract between Tom and W... ... middle of paper ... ...ween Tom and Warwick’s Woonona Watusi as the offer was never accepted. The fact that the offer from Warwick’s Woonona Watusi said it could be accepted by no reply is irrelevant, as silence never accounts for acceptance. There is no contract between Tom and Dapto Disco, as Tom doesn’t accept the offer before it is rightfully revoked by the manager of Dapto Disco. This is legal, as there was no consideration by Tom for the option provided by Dapto Disco, therefore Tom doesn’t have any legal grounds to claim the booking. BIBLIOGRAPHY Paterson, Jeannie, Andrew Robertson and Arlen Duke, Contract: Cases and Materials (Lawbook, 12th ed, 2012) Henthorn v Fraser [1982] 2 Ch 27 Goldsbrough Mort & Co. Ltd v Quinn (1910) 10 CLR 674 HCA Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523 Carlill v Carbolic Smoke Ball Co. [1983] 1 QB 256

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