LAW COURSEWORK 1

Law Coursework 1

Law Coursework 1

Q-Explain the structure that Lord Parker C.J. uses when submitting his legal arguments. Does his argument flow succinctly?

Ans. The sole inquiry is if the public displaying of that blade in the window with the permit constituted an offer for sale inside the statute. I confess that I believe most lay persons and, really, I myself when I first read the papers, would be inclined to the outlook that to state that if a blade was brandished in a window like that with a cost adhered to it was not proposing it for sale was just nonsense. In commonplace dialect it is there asking for persons to purchase it, and it is for sale; but any statute should of course be examined in the lightweight of the general regulation of the country. Parliament in its wisdom in transient an Act should be taken to understand the general law. It is flawlessly clear that as asserted by the commonplace regulation of agreement the brandish of an item with a cost on it in a shop window is only an request to treat. It is in no sense an offer for sale the acceptance of which constitutes a contract. That is apparently the general regulation of the country. Not only is that so, but it is to be discerned that in numerous statutes and instructions which prohibit trading and proposing for sale of items it is very widespread when it is so yearned to inject the phrases 'offering or revealing for sale,' 'exposing for sale' being apparently phrases which would cover the brandish of items in a shop window. Not only that, but it seems that under some statutes - we have been mentioned in specific to the Prices of Goods Act, 1939, and the Goods and Services (Price Control) Act, 1941 - Parliament, when it yearns to enlarge the commonplace significance of those phrases, encompasses a delineation part enlarging the commonplace significance of 'offer for sale' to cover other affairs encompassing, be it discerned, exposure of items for sale with the cost attached. (Lister, D. 2008 Pp. 30.)

In those attenuating components I am propelled to the deduction, though I confess reluctantly, that no infringement was here committed. At first view it noise absurd that blades of this sort will not be constructed, traded, chartered, loaned, or granted, but evidently they can be brandished in shop windows; but even if this - and I am by no entails saying it is - is a casus omissus it is not for this court to provide the omission. (Westlake, T. 2007 Pp. 29)

I am mindful of the powerful phrases of Lord Simonds in Magor and St. Mellons Rural District Council v Newport Corporation. In that case one of the Lords Justices in the Court of Appeal had, in result, said that the court having found out the presumed aim of Parliament should advance to load up in the breaches - what the Legislature has not in writing the court ...