Elements Of A Contract Case Study

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1. An Agreement consist of rights and obligations that are recognized and enforceable by the law.
2. There must be a mutual agreement between both contracting parties
3. The elements of a contract consist of an offer, an acceptance, a consideration and an intention to create legal relations.
4. The offeror is an indication that it’s willing to enter into a contract with a certain terms once the offeree has accepted.
5. The offer must be communicated (e.g written, orally or by conduct). The offer can be made to either a specific person of a group of people and only the specific person or anyone in the group can accept it.
6. The offer can come to end if it’s being revocated or withdrawn by the offeror, rejected by the offeree, lapse of time and death.
7. The offeror can choose to withdraw the …show more content…

Ricky is not obliged to pay for the breakfast even though he did not “touch” it. The passage stated, “Martin recommended Ricky the coffee stall’s latest breakfast set which was advertised on a poster in front of the stall. Ricky agreed to order the “Mexican Breakfast Set special offer at $8.00”. This case is similar to Pharmaceutical Society v. Boots. In the case of Pharmaceutical Society v. Boots, the principle that a display of goods with prices in a shop/retail outlet is usally considered as an invitation to treat, not an offer. The customer makes the offer when he selects an item and brings it to the cashier to pay for it. The agreement is formed when the cashier accepts the payment and issues a receipt. In this case, Ricky is the customer and has not made any payment and Martin has not issued a receipt. Hence Ricky does not need to pay for the breakfast and martin has not accepted any form of payment from Ricky for the breakfast. In conclusion, Ricky is not obliged to pay for the breakfast and that martin cannot sue Ricky for not paying. As there was no agreement being formed, Martin has not accepted any form of payment and Ricky has not been issued a receipt or

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