Business & Employment Law Essay Example | Topics and Well Written Essays - 1500 words

Business & Employment Law - Essay Example However, and the seller enjoys the right to sell the goods or refuse to do so. This rule was reiterated in Pharmaceutical Society of GB v Boots Cash Chemists.5 From the perspective of the law, an invitation to treat does not constitute a contractual offer. In an invitation to treat, one of the parties invites the other to furnish it with an offer. Thereafter, the former either accepts or rejects the offer so made. On the other hand, in an offer, the mere acceptance by the other party, results in a contract. When the intention is to begin negotiations and not to be bound by the terms of an offer, then an invitation to treat comes into existence. 6 However, in Carlill v Carbolic Smoke Ball Co,7 Carlill developed influenza, despite having carrying out the specified instructions. The court held that the advertisement was an offer of a unilateral contract. 8 In our problem, Poppy’s intention can be deemed as an offer to purchase, in response to the invitation to treat, namely the shop window display of the painting. Bart had rejected Poppy’s offer to buy the painting. Hence, there was no legally binding contract between Poppy and Bart. Consequently, Bart will not be liable for any legal claims raised by Poppy in this regard. Section 2(1) of the UCTA precludes exclusion clauses that attempt to restrict or exclude liability for death or physical injury consequent upon negligence. With regard to other loss or damage, Section 2(2) of the UCTA provides that liability cannot be restricted or excluded for negligence. 9 Section 13 of the Unfair Contract Terms Act 1977 (UCTA) 14 states that goods should be in conformity with their description, whenever the sale is by description. Whenever, the description does not embody a term of the contract, it becomes subject to the test of expectations.15 For an exclusion clause to be effective, its presence in the contract has to be clearly indicated. Moreover, it should be in unambiguous and clear language. Failure to