Business Law Case 1

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what format to use
with the OSCOLA
BUSINESS LAW CASE paper, please consult
a customer, Support
by [Name] Team, or QA
representatives. In
this case, Harvard
was used to format
the title page and
headings.

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Date
 Business Law Case 2

Introduction

The case presented involves a customer, Avinash, and a café dealing with foods and

drinks. Avinash is involved in a situation where the café’s manager is not willing to compensate

Avinash for dental formula damage caused by Danish Pastry, a type of food stuff sold at the café.
Short
The tickets, however, indicate that ‘this café accepts no responsibility or liability forquotations
any injury (up to
three lines of text)
should be
caused to customers by consumption of food or drink sold.’1
incorporated into the
text, within ‘single
The paper seeks to address three main issues which are: How the contracts Avinash made
quotation marks.’

with the café were formed and whether the café is legally entitled to rely on the clause printed on

the ticket to avoid liability about Avanish’s injury. Besides, the paper discusses the following

statement by reference to cases and legislation:

In contrast to express terms found in a contract, implied terms can arise in a variety of

ways and are beneficial to at least one of the parties to the contract. Some contracts may

contain both express and implied terms, but how these two types of terms operate are

significantly different from one another.2

How the Contracts Avinash Made with the Café Were Formed
Commonly used abbreviations,
Contracts can be classified
such as ie and eg, are not
into written contracts, eg simpleLonger
contracts, contracts
quotations (overunder
three
lines of text), should be presented
italicized and have no full stops.
seal and contracts requiring written evidence. Borrowing from RTSin Flexible
an indented paragraph
Systems Ltd(0.5”),
v
without quotation marks. All
Molkerei Alois Müller Gmbh & Company KG (UK Productions) [2010] quotations should
3 All ERbe1,referenced
contract by of
a footnote, and the page number of
the of
sale of goods is classified as a simple contract because the formation quotation should be indicated
such contracts does notat
the end of the footnote.

1
RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Company KG (UK Productions)
[2010] All ER 3 1.
2
Guenter Treitel, The Law of Contract (Sweet & Maxwell 2003) 875.
 Business Law Case 3

necessarily have a backing of a legal formalities.3 Such simple contracts could be oral, written,

partly oral and written and implied the form of conduct of the parties.

To ascertain how Avinash and the café came to have a contract, it is of great importance

to look at the elements of a contract. A contract has seven elements. These are offer, acceptance,

capacity, intention, consideration, legality, and formation.

An offer is at the center of formation of a contract. A contract is said to have been formed

if one party’s offer is unequivocally accepted by another party and both parties can fulfill the

obligations of the contract. In the scenario where an offer has been made, consideration must be

passed by the parties who have the intention to have a legally binding agreement.4 The café’s

offer of food and drinks to its customers can qualify to be an offer of a contract if it meets the

following characteristics.5 One, the offer must be communicated to the offeree customers with

full disclosure of the details of the offer. Two, an offer must be definite and clear.6 Three, an

offer may prescribe the duration and method of communication between parties.
In footnote 6, the abbreviation “ibid,”
which is short for ibidem, meaning “in
InThere
this example, a citation
is a thin for RTS Flexible
line between a contract and an invitation to treat. In the self-service, the
the same place,” was used to repeat a
Systems Ltd v Molkerei Alois Müller Gmbh &
citation in the immediately preceding
commonCompany KG (UK Productions)
law mentions that a mereis invitation
provided in by one to offer a good or service through self-
footnote. Standing alone, “ibid”
footnote 3. The third citation at footnote 5 gives a
means strictly “in the very same
serviceshort
doesform of in
not, theitself,
case name – “RTS
qualify Flexible
to be a contract. place” while “ibid 345” means “in the
Systems Ltd” - and a cross-citation to the full same work, but this time at page 345.”
The case
citation – “(nof 1)Avinash
.” vs. Café does bring out the elements of a contract and not a mere

invitation to treat because the café’s receipt wrote a statement of agreement at the back of the

3
RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Company KG (UK Productions)
[2010] All ER 3 1.
4
Carlill v Carbolic Smoke Ball Co [1893] QB 256 (R&G(C)[4.2]).
5
RTS Flexible Systems Ltd (n 1).
6
ibid 10.
 Business Law Case 4
The format of the “Bibliography” heading
should be the same as of all other headings in
Bibliography the paper. Here, Harvard was required.

Carlill v Carbolic Smoke Ball Co [1893] QB 256 (R&G(C)[4.2]).

RTS Flexible Systems Ltd v Molkerei Alois Müller Gmbh & Company KG (UK Productions)

[2010] All ER 3.

Treitel G, The Law of Contract (Sweet & Maxwell 2003).

Items in bibliographies take the same form as all other citations in OSCOLA, with
three exceptions: (1) the author’s surname should precede his or her initial(s), with
no comma separating them, but a comma after the final initial; (2) only initials
should be used, and not forenames; and (3) the titles of unattributed works should be
preceded by a double em-dash.