Reference no: EM131129502
Jordan (1st Party - Offeree) is a passionate drinker and fond to try out red wines. He went to a shop in selling wines.
The salesman, Travis (2nd Party - Offeror) showed him those wines and explained the backdrop between. Jordan insists in only drinking wines originality from South of French and made know to Travis (2nd Party - Offeror) that he will not accept red wines manufactured in any other countries. Travis (2nd Party - Offeror) assured that the bottle that Jordan (1st Party - Offeree) is holding is distilled in South of French, and Jordan (1st Party - Offeree) purchased 3 bottles of the same.
Travis (2nd Party - Offeror) issued Jordan (1st Party - Offeree) with a receipt with a statement on it saying that "Products sold are not refundable nor the seller responsible for the safety of the products."
The following weekend, Jordan (1st Party - Offeree) invited his close friends to his home to enjoy the 3 bottles of red wines, and they are down with severe diarrhea thereafter. Subsequent checks found out that these red wines are bootleg (illicit) drinks.
Q1) Explain the elements to the formation of the contract between the parties. Conclusion is there is a contract - 2 or max 3 law cases. Need to discuss on invitation to Treat citing Pharmaceutical Society of Great Britain v Boots Cash Chemicals (1952).
Q2) What statutory provisions are Travis (2nd Party - Offeror) contravening under the Sale of Goods Act (SGA)? Need to discuss Section 13, 14(2), (2B), (3), Exclusion of implied terms: Section 6 (1) (a) & Section 6 (2) (a) and also UCTA Cap 396 citing Harlingdon& Leinster Enterprises Ltd v Christopher Fine Art Ltd (1991) and Frost v Aylsbury Dairy Co Ltd (1905).
Q3) Discuss the validity and enforceability of the statement printed on the receipt?
Q4) Can Jordan's friends (3rd Party) pursue liability with Travis (2nd Party - Offeror) under contract? If yes, what are the provisions for recourse? Otherwise, suggest an appropriate cause of action? Need to discuss on Negligence such as Duty of Care, foreseeability of harm proximity, Breach of duty by the defendant (Travis - 2nd Party Offeror) using Reasonable Test, Losses / Damages (Unwell) arising from the breach using causation: "but for test" and "Remoteness of harm" and lastly defendant has no valid defences - plaintiff to prove damages?
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