HND商法导论Outcome2_案例+答案.docVIP

Case study 1 Samir sees a set of golf clubs displayed in a shop window for ￡500. He enters the shop and states he will take the clubs. The shopkeeper however says the clubs are no longer for sale. Samir is demanding that he be sold the clubs and at the price displayed. Identify the essential requirements of a contract and discuss whether a contract exists here. 萨米尔看到一套高尔夫球杆显示在商店橱窗￡500。他进入了商店,他将购买这套高尔夫球杆。不过店主说,球杆不再出售。萨米尔要求他以高尔夫球杆的显示的价格出售。确定合同的基本要求,讨论合同是否存在这里。 A contract is an agreement between parties having the capacity to make it, in the form demanded by the law, to perform, on one side or both, acts which are not trifling, indeterminate, impossible or illegal, creating an obligation enforceable in a court of law. A valid contract has three essential features: there must be a agreement on all material aspects; at least two contracting parties and legal obligations. 合同各方之间的协议有能力使它,法律所要求的形式,来执行,一方面,行为不微不足道的,不确定的、不可能的或非法的,创建一个法院可强制执行的义务。一个有效的合同有三个基本特征:必须有一个协议在所有物质方面;至少两个缔约方和法律义务。 A contract consists of an offer and an acceptance. If there is no offer in the first place then there can be no contract. The basic elements of a contract include an offer and an acceptance. 合同由要约和承诺。如果没有提供在第一时间便不可能有任何合同。合同的基本要素包括要约和承诺。 In the case Samir sees a set of golf clubs displayed in a shop window for ￡500. He enters the shop and states he will take the clubs. But shopkeeper says the clubs are no longer for sale. Samir is demanding that he be sold the clubs and at the price displayed. 对于萨米尔看到一套高尔夫球杆显示在商店橱窗￡500。他进入了商店,他将接管俱乐部。但是店主说,俱乐部不再出售。萨米尔要求他是俱乐部和显示的价格出售。 According to this case we can say that these is not exist a contract. In the case that a set of golf clubs are exhibited in a shop window, thus it is not an offer. Because the goods displayed in a shop window as a invitation to treat, we can know that goods displayed in a shop window (even when priced) are classed as a willingness to negotiate on the shops part. Invitations to treat also is considered to inquiry the price of go