Question

You are in the train station waiting for your train to arrive. You see a vending machine from where you

can buy snacks and chips for $3.50. Posted on the machine is a sign saying: “Property of XYZ

Vendsolutions Pty Ltd”. You insert the coins required into the machine and out comes a packet of

chips. However, when you open the packet of chips, you find bits of plastic inside and you don’t want

to eat the chips. You want your money back.

Required:

With reference to the essential elements for the formation of a contract, explain:

a) Did you enter into a contract in this scenario? (5 marks, maximum 500 words)

b) If your answer is yes, with whom did you enter a contract? (5 marks, maximum 150 words)​

Answer 1

Answer:

Lkin train abhi band hau kyunki lockdown hai na isliye mai ghar pe hun train pe nhi.

Answer 2

Yes, a contract has been entered into

The contract has been entered with a company whose vending machine has been placed in public place for customers to use in consideration for a price

Explanation:

• Contract is an agreement between 2 or or more parties that comprise enforceable obligations & rights. A contract can be “written oral or implied” by ordinary business practices
• There is a valid "implied" contract since the installation of a vending machine that displays eatables at any public place is an "offer" to anyone who want to buy the item or items for a consideration that is in form of "money to be paid".
• An "implied contract" is created when 2 or more parties that have no written contract, however the law creates an "obligation" in the "interest of fairness" based on the parties’ circumstances/conduct .
• As such if there is any defect in the product, the customer can sue the company, whose vending machine has been used, for such defective product and take the legal recourse to get his/her money back if the company fails to return the customer his/her money

To know more

Distinguish between quasi contract and implied contract - Brainly.in

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