(a) Belinda enters Tesco store and selects food items, fruit juice, vegetables, stationary and 2 dresses. She puts these items into her shopping trolley. Has a contract been made between Tesco store and Belinda at this juncture? Give reasons for your answer. Introduction
The issues that are happening in the question is that any contract been made at this points between Belinda and Tesco store when Belinda as a customer’s put the item she was planning to buy at her shopping trolley. Definition of Offer
Based on Malaysian law Act 136 Contract Act 1950 an offer or proposal under Section 2(a) of the contract Act 1950 mention that when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of the another to act or abstinence, he said to make a proposal. An offer is made when one party makes it clear, by words or actions that he is prepared to be bound as soon as the offer is accepted by the person to whom it is made. An offer is thus quite different from an invitation to treat, though it is not always easy to distinguish the two.
Based on Fisher V bell [1961) A shopkeeper displayed a flick-knife in his window. The Restriction of Offensive Weapons Act 1959 made it an offence to offer such a knife for sale. The defendant argued that a display of anything in a show window is simply an offer to treat and this means that, under contract law, it is the customer who makes the offer to buy the knife. The shopkeeper as cashier may accept or reject the offer. Thus, the result was that was not violating the Law Act.
Display of goods on based on Pharmaceutical Society of Great Britain v Boots Cash Chemist Ltd(1953). Thedefenders were charged under Poisons Act 1933 under section 18(1) because selling certain drugs productswithout supervisions of a pharmacist. The defendant argued that the displays of the drugs or goods are not an offer but an invitation to treat. The display of the drugs...
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