BUSINESS LAW Essay Example | Topics and Well Written Essays - 1750 words

BUSINESS LAW - Essay Example In our case, Colin’s Computer (CC) is a computer garage offering repair services for computers belonging to other organizations, in return for a monthly payment. Colin’s Computers advertises its services through their website and through a local daily, which reaches the intended organizations that have the need for Computer repair, among them, Geoff’s Gym (GG). After receiving the information regarding CC’s services and the discount offer they are giving to their new customers, GG decides to go for the services and fulfill the necessary conditions that were attached by CC, so that it could benefit from the offering. However, as it turned out, GG never received the repair services for its computers from CC, which in essence did not receive the letter that was to be sent either through mail, text or post; to confirm the offer. The occurrences that follows after GG finds the services of CC and opts to purchase them are the subject of this discussion, with a f ocus on whether a contract occurred, who is liable for the breach of the contract, and whether the contract is enforceable through a court of law, if at all it occurred. ... reat, it invited the organizations in need of computer repair services to make an offer, which would in turn be accepted by CC, based on the fulfillment of certain conditions. The conditions attached for an offer to become complete were; that the organization in need of the services would contact CC either through mail, post or text before 8th June and inform them of the definitive date the organization would like the services to commence. On its side, GG posted a letter on 3rd June and followed the letter up, with a call to confirm to CC that the letter of offer had been posted. However, it turned out that the letter was not receive by CC, that is why CC did not go to offer the repair services to GG’s computers. The facts of this case prove that an offer was made, but the corresponding requirement of acceptance did not occur (Simpson, 1987). According to the ruling of the case in Partridge Vs Crittenden (1968), the display of goods by the seller does not amount to an offer, b ut rather an invitation to treat. The same applies to an advertisement made by the seller. Therefore, even when GG would want to enforce the contract based on the fact that they had accepted the terms made by CC, by posting a letter before the stated date, and even went ahead to follow it up with a phone call, just to confirm that they had posted the letter, they are not in a position to do this, because the advertisement made by CC on its websites and a local daily, regarding its offer of computer repair services, did not amount to an offer, but a mere invitation to treat (Koffman & Macdonald, 2007). Therefore, contrary to the belief by GG that they had met the requirement of the contract and thus CC was liable to compensate them for the breach of the contract, the reality is different. GG