2011英语营销国际商法案例分析

国际商法期末考查—案例分析课程名称：国际商法

学期：2013-2014（2）

班级：

姓名：

学号：

得分：

Case Study 1

Samir is walking down Princes Street one Saturday morning when he notices a very eye-catching display of sets of golf clubs in the window of Fairways, a well-known Edinburgh sports retainer. As Samir is a very keen golfer, he stops to pay more attention to the window display. Samir immediately notices that a set of golf clubs (by Japanese master craftsman Matsumoto) is priced at an incredible ￡150. He is astonished at the low price for the golf clubs and he immediately rushes into the shop where he heads straight for the cash desk so that he can purchase the goods. On reaching the cash desk, Samir is incredibly annoyed to be told by the (somewhat superior) sales assistant that some sort of mistake has obviously occurred. There is no way that the store would sell a set of Matsumoto golf clubs for a mere ￡150. The goods have been incorrectly priced and if Samir wishes to purchase the clubs he must pay ￡1,500 for them. Samir insists that Fairways has made him a definite offer and that he has now accepted that offer----- there is a legally enforceable contract between him and the store. The sales assistant is absolutely unimpressed by Samir‟s line of argument. Admittedly, it is often the case that Fairways will give customers goods which are wrongly priced for the price as it is marked on the ticket, but this is purely a gesture of goodwill. In this situation, the sales assistant is absolutely certain that her superior would be most unhappy if Samir was able to

obtain the goods for the ridiculous price of ￡150. Samir begins to lose his temper and the other customers in the store are beginning to stop and stare at the disturbance. However, the sales assistant still refuses to sell the golf clubs to Samir for ￡150.

Question 1: what is the price tag of the golf clubs in the window display called according to contract law theory? Is it an offer or invitation offer? Why?

Question 2: Does Samir have a legally enforceable contract with Fairways for the purchase of Matsumoto golf clubs for ￡150? Why?

Case Study 2

On storming out of Fairways , Samir runs into an old friend, Susan, whom he agrees to meet for a meal at 7 o‟clock that evening at Shanghai Surprise restaurant. Susan rushes off to her favourite designer clothing store, Tiffany‟s Boutique, in order to p urchase an outfit for her night out with Samir. Susan spends nearly a ￡1,000 on her outfit from Tiffany‟s. As things later turn out, Samir will conveniently forget that he made arrangements to go out with Susan that evening. Susan is now determined to sue him for the cost of her new outfit, her taxi and the disappointment caused.

Question 3:

What are the chances of Susan being successful if she goes ahead and