Question
Mack Darin owns and operates a general store in a rough downtown neighbourhood.Last week, he received a shipment of switchblade knives.He placed one of the
Mack Darin owns and operates a general store in a rough downtown neighbourhood.Last week, he received a shipment of switchblade knives.He placed one of the knives in his store window, alongside a small notice board that said, "Switchblade Knives -- $25 each."That display caught the attention of Constable Boot, a member of the local police department.Constable Booth went into the store and asked Darin if the knives next to the sign were switchblade knives.Darin nodded in the affirmative. Darin was then arrested and charged with a crime under section 7 of theProhibited Weapons Act,which says that it is illegal to 'manufacture, sell, rent, or offer for sale or rent ... any knife ... which has a blade that opens automatically by hand pressure applied to a button, spring, or other device in or attached to the hand of the knife."There is no doubt that the switchblades which appeared in the store window fall within the description of "a blade that opens automatically by hand pressure applied to a button, spring, or other device in or attached to the hand of the knife."NOTE: Make sure that your Group is Group # 6 and not some other Group as these questions are only for Group # 6.
Note:Case is based on one from McInnes. (2018).Managing the Law: The Legal Aspects of Doing Business. Pearson Education, p. 185.
Questions:
1.In contract formation terminology, what was the display in the window,andwhy? Make sure you support your answer by applying the facts of the case (0.5 of a grade available)
2.In contract formation terminology, what was Constable Booth's question to Darin,andwhy? Make sure you support your answer by applying the facts of the case (0.5 of a grade available)
3.Had there been an "offer of sale" of a switchblade based on the facts of the case?If so, why?If not, why not? Make sure you support your answer by applying the facts of the case (1.22 of a grade available)
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