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Questions regarding formation of contract

Discussion in 'Contract Law' started by JennyC, Dec 7, 2011.

  1. JennyC New law student

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    Hi everyone,

    what is the difference, in terms of formation of contract, when people go to

    a. restaurant
    b. canteen/cafeteria-style of service
    c. fast food shop, such as MosBurger
    JennyC, Dec 7, 2011
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  2. Molineux Super Moderator

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    Do tell us what you think, on the basis of which case law.
    Molineux, Dec 7, 2011
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    mike likes this.

  3. JennyC New law student

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    restaurant:
    Menu-> Invitation to treat
    offering dishes -> making offer (if i am offering more than one dishes, am i making a contract which is divisible?)
    acceptance-> whether the acceptance is made when waiter says "OK"/writes down my order OR contract is formed only when dishes arrived

    canteen:
    making an offer at the counter, pay money and exchange for a promise to performance(e.g.. provide the food i order). The contract is formed when I paid

    fast food restaurant:
    Just like buying other things, I am buying the food standing in front of me.

    -----------
    But I am confused why businessmen choose different operation modes.
    If I ordered three dishes, one of them is dirty(eg. one cockroach is found), Is this a fundamental breach of contract(ie. breach of condition). Is the restaurant entitled to claim for the other two dishes?
    JennyC, Dec 8, 2011
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  4. Molineux Super Moderator

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    Let's take one thing at a time. You should begin by defining a "legal offer", then apply it.
    Molineux, Dec 9, 2011
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  5. pheadrus New law student

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    Hello Jenny,

    Just wanted to add in a point regarding divisibility of contract.

    The leading case in this regard is Rose & Frank v Crompton Bros. [1923] 2 KB 261.

    Whether a contract is divisible or entire depends on the intentions of the parties.

    In the scenario that you have described:

    A McDonald's combo meal would likely be indivisible.

    A meal at the Fat Duck, where your orders are custom made, and the waiter takes them at the end of each course, would likely be divisible.

    Most cases would probably lie somewhere in between these two extreme examples, and the court would look to the facts to establish parties' intentions.

    Hope this helps.
    pheadrus, Dec 9, 2011
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  6. Molineux Super Moderator

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    Once an offer has accepted and communicated, you will enter a new scenario - Discharge of a contract by performance or breach.

    Breach of warranty, innominate term and condition.
    A breach other than warranty will entitled the innocent party to rescind the contract. In this case, you will apply the Sales of Goods Act. It is for you to argue that there was a serious breach, no right and wrong answer here except that you must support your argument what would amount to a serious breach.

    The problems with students are that, especially in offer and acceptance, there is this tendency to wanting simply to reach a conclusion rather that focusing on providing legal reasoning in their answers.

    p.s. But I am confused why businessmen choose different operation modes.
    Legal reasoning: The court consider different factors to assist them to form a view if any pre-contratual statement is a mere representation or a term of contract such as "the importance of the statement" that has led the party into the contract.
    Molineux, Dec 9, 2011
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