E ormal Spacing Heading 1 9c Replace Select Paragraph Styles Editing BLAW2012 Applied Contract Law BLAW2012 Applied Contract Law Scenario: Dear Gerald, Gerald builds an outdoor entertainment area in his back garden. He is very keen on Unfortunately, since this transaction was completed after 5pm (WST), as per the time of our confirmation email, you did not qualify to receive the free balls and cue. In any case, our promotions entertaining his friends in style and he wants to get a pool table to impress his are not offers but merely invitations and we only have to honour them if we agree to them. Since we friends who are all high-level pool players. In particular he wants to get a pool table do not agree to supply you with free balls and cues, you will need to purchase these. in time for his upcoming birthday celebration on 16 November. On 1 November, he Regards visits the website of XYZ Bar Supplies ("XYZ") where he sees the following Percy promotion: Special Offer!! Reluctantly, Gerald orders the pool balls and cues from XYZ and pays $500 for Parkdale Pool Table. The World's Best Table. them. They are to be delivered with the table. Usually $5,000.00 but you can get one for a limited time for only $3,000.00. But wait there's more!! On 10 November, XYZ calls Gerald and tells him that the pool table has arrived at Order by 5pm (WST) on 1 November and receive a free set of pool balls and two pool cues worth $500.00 absolutely free! their local warehouse but that they are extremely busy and cannot deliver the table by 15 November, however, they can deliver it on 20 November. When Gerald PLUS - if we do not deliver on time, you get your money back and keep the table! reminds XYZ that they promised to deliver on time or they need to give him his money back, XYZ refers him to the exclusion in the confirmation email. Gerald is Gerald notices that the time is 4:45pm (WST) and so he only has fifteen minutes to angry but agrees to accept the table on 20 November. He reschedules his party to order a table to get the free balls and cues. Fortunately, he manages to fill in his the evening of 20 November and books a catering service, Good Food Caterers, for personal and credit card details and submit his order for a table online at 4:59pm the evening of the party. (WST). He includes a note stating that delivery must be by 15 November for a party on 16 November. Underneath the online button that Gerald clicks to submit his The table does not arrive on 20 November and XYZ do not answer Gerald's phone order, it is stated that: calls. At 5pm, Gerald cancels the party and the caterers. The table arrives on 21 Online Orders may take up to 2 minutes to process. November. Gerald is furious and tells the delivery staff to take the table back Orders are not accepted unless we notify you by email. immediately because it was delivered late. At 5:01pm (WST), Gerald receives a confirmation email from XYZ stating: The delivery staff refuse to take the table, and they leave. Dear Gerald, CONFIRMATION EMAIL The next day Gerald calls XYZ demanding that they fetch the table and give him Thank you for your order. We confirm acceptance thereof and delivery by 15 November. back all his money. They refuse to take back the table or return Gerald's money. If you require pool balls or cues, please visit our website and explore our range. Good Food Caterer's gives Gerald a bill for $500 for the cancelled catering. Please note that our money-back delivery promise does not apply to any delays due to availability. Regards Gerald wishes to claim damages from XYZ as follows: Percy Return of the $3,000.00 he paid for the table: Return of the $500 for the set of balls and cue sticks he had purchased for to Gerald immediately replies to the email as follows: use with the table. Dear Percy, The $500 bill for Good Food Caterers. The table I ordered comes with a free set of balls and two pool cues. Please confirm that these will be arriving with the table. Disappointment and stress Regards Gerald Shortly thereafter, Gerald receives the following email