Philosophy 2080 Study Guide - Midterm Guide: Black Letter Law, Rebuttable Presumption, Contract

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Contract law has two functions: facilitate change and separates legal from moral: judge made: tradition & practicalities. Special contract: whereas the main area of contracts has been left to the judges, highly specialized areas of law have had specialized rules created for them (ex. Statements of intent, price quotations, calls for information, are not offers, rather than invitations to treat: offer vs. The sale took place when the customer put the item in their basket. The display of merchandise with a price was an offer made by boots. It was accepted by the customer when they put the item in their basket. Ergo, the sale wasn"t under the supervision of a pharmacist since the pharmacist couldn"t refuse to accept the customers payment: boots argument: The sale didn"t take place until the goods were paid for at the cash register. The display of priced goods was an invitation to treat.