Law case study
read the following case study and answer the questions set out at the end
On Saturday Fernando sees an advertisement in the local paper,
First edition of Lord of the Rings, signed by JK Tolkein
for sale £7000 Telephone Simon on 01234 – 60000
or e-mail simon @barad.co.nz.’
Fernando, who knows Simon’s address, immediately puts a cheque in the post for the full asking price together with an additional sum to cover postage and package, with
a note asking Simon to send the book directly to him.
On Sunday evening Arthur e-mails Simon and asks if Simon will accept £6,500 for the book. Simon replies that the book is offered for sale at £7,000 and if he wants
it he must email him back. Immediately Arthur emails Simon back saying he does want to buy it for £7,000 and will put a cheque in the post to him that day. This email
arrives in Simon’s inbox but he mistakes it for spam and so deletes it without opening it. Arthur puts a cheque in the post that evening.
On Monday morning having received nothing in the post Simon sells the book for £15,000 to Gollum Books Ltd. and emails Arthur saying the deal is off.
Simon’s wife Fern, runs a coffee bar in Southsea. She goes to Good Buys, the local supermarket to purchase some coffee for her business and whilst cycling through Good
Buys’ car park she is hit by Joe, a fork lift truck driver working for Good Buys. Joe has only recently passed his test. As she entered the car park Fern had seen a
notice which stated ”Good Buys accepts no responsibility for any loss or damage to property or persons however arising”. Fern is knocked unconscious, gashes her head
and damages her bicycle. She was not wearing a helmet. There is evidence showing Joe was driving too fast and showing off to his friends.
(i) Advise Simon if he has any contractual liability to Fernando and or Arthur
(ii) Advise Fern on any contractual and or tortious claims she may have against Joe and or Good Buys, including a discussion on whether the notice will prevent her making any claim against Good Buys. (50 marks)