Critically evaluate the various ways of interpreting legislation by referring to relevant case law.
Question 1: 50 Marks Critically evaluate the various ways of interpreting legislation by referring to relevant case law.
Question 2: 50 Marks Frederik has decided to try to sell his van by parking it on the drive outside of his house with a notice on the windscreen stating
- For sale
- Ford 2015 Wagon
- £8,500 or near offer
- Please call into No 11 or Telephone 34876532, only
On Monday at 9.00am, Dan sees the van, but he is late for work so he is unable to stop to talk to Frederik. He telephones Frederik when he arrives at work and makes an offer of £8,200 which Frederik says he will consider.
Tim calls at Frederik’s house on Monday at 11.00am but Maria, Frederik’s daughter, is the only person there. Tim therefore leaves a note stating: “Monday 11.05am. Please keep the van for me – here is a cheque for £8,500. Tim.” Maria puts the note on Frederik’s desk in his study. On Monday afternoon, Frederik decides to accept Dan’s offer and posts a letter at 2.30pm to Dan’s business address saying: “I agree to sell on your terms. Because of the lower price can you pay in cash? Frederik” At 4.30pm on Monday, Frederik finds and reads Tim’s acceptance and immediately telephones Dan’s business address, leaving a recorded message on the answering machine saying: “Ignore the letter you will receive - the deal is off. Frederik” Dan is away on business and only hears the message on Wednesday afternoon.
At 2.15pm on Monday, Jimmy sees the notice and hurriedly posts a letter of acceptance and a cheque for £8,500 in time for the 3.00pm postal collection. Unfortunately, as Jimmy has put the wrong address on the envelope, the letter does not arrive at Frederik’s address. Advise each party with regards to any potential contractual claim that they may have.
*Use OSCOLA referencing and cases to back up points*
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