Standard Terms

Law contract essay 1500 words excluding footnotes and oscola referencing.
Note:  extra secondary sources (books and articles or other relevant published documents) in addition to the textbook.

Problem Question:

Shazia owns and runs a bakery called House of Cupcakes. She puts an advertisement in the local newspaper as follows:

“Why not order your special event cupcakes from House of Cupcakes? We have cream/buttercream/chocolate/fruit cupcakes all from £1 each. To place your order ring Shazia on 0161 222 1111 or call in to the shop at 100 Saville Street, Manchester.”

a) Archie telephones the shop to order 50 chocolate cupcakes but as the shop is closed he leaves a message on the answer machine to order 50 chocolate cupcakes at £1 each totalling £50. When Shazia calls him back the following day to say that the chocolate cupcakes are £1.20 each Archie says he is simply agreeing to the advert and demands to buy at £1 each.

b) Brenda posts a letter dated 10th October to Shazia saying:

“I would like to place an order for 100 buttercream cupcakes for a Christening for £0.90 each assuming a discount for bulk purchase. They should be delivered to 1 Skittle Lane, Whitefield on 10th November. Unless I hear to the contrary within 1 week of the date of this letter I will assume we have a contract.” 

On 18th October, Shazia posts a letter back to Brenda agreeing to supply the cakes for £0.90 each but this is never received by Brenda. On 21st October, Brenda telephones Shazia and says she no longer wants the cupcakes.

c) Shazia is going to a trade fair and is hoping to get a significant number of orders for cupcakes for Halloween. In anticipation of this, on 15th October, she submits an order to Bovis Flour Co for “100kg plain flour for £50 on our standard terms and conditions”. On the back of her letter is House of Cupcakes’ standard terms and conditions. These include a clause permitting Shazia to return any bags of unopened flour within 2 weeks of delivery should they not be used.

On 18th October, Bovis Flour reply with a letter headed “Acknowledgement of Order”. It states “We are pleased to accept your order for 100kg plain flour on our terms and conditions.” Bovis Flour’s terms and conditions do not allow customers to return unused goods. The letter contains a tear off slip for Shazia to sign and return agreeing to this. Shazia does not sign and return the tear off slip but instead files the Acknowledgement letter in her suppliers folder. She receives the flour. Following the trade fair, Shazia is disappointed that she has not received more orders and she telephones Bovis Flour to return the unused bags. She is told that they will not accept returns.

Advise Shazia in each of the above scenarios.

Marking Criteria:

· The work is communicated fluently and creatively in the appropriate form with precise use of English.

· The structure is clear and logical and the arguments flow from one to the next, but there may be some irrelevant material or repetition.

· The law has been clearly and accurately explained and there may be some limited understanding of the wider context.

· There is a reasonable application of the law to the facts in the question. Justifiable conclusions are reached.

· Competing arguments are identified and there may be evidence of some basic critical analysis.

· Appropriate primary and secondary sources have been identified and properly used, but there may be no assessment of the value those sources. 

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