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¶ … acceptance, there must be consideration, the terms of the contract must be legal and there must be an intent to create legal relations (Riley, 2012). There must also be mutual consent and understanding of the meaning of the terms. For a contract to be enforceable, there must be performance or delivery, and good faith (Larson, 2010).
In this situation with Mary Smith, there is consideration (the food), and the consideration is legal. While there are two counterparties, there is not necessarily mutual consent here. Gourmet Heaven intended to create legal relations with Mattie Smith, not Mary Smith. Mary Smith did not know where the package was from and in any case did not seem to intend to create legal relations with anybody. So while Gourmet Heaven acted in good faith and made delivery, that was with Mattie Smith, not Mary. There is no enforceable contract between Gourmet Heaven and Mary Smith.
Delivery of the goods is the seller's responsibility, and this is covered in the Sale of Goods Act. The buyer has to accept the goods where a contract exists and the seller has acted in good faith. The problem here is that it was not the delivery service that erred,...
In this case, there is a legal mistake in the delivery of the contract.
Where there is recourse it is through the delivery company, not through Mary Smith. The delivery company has contractually agreed to take responsibility for that package, and has not left it with the intended recipient. Thus, Gourmet Heaven does have some recourse, through the delivery company. The best legal argument for recovering from Mary Smith is that Mary committed a tort against the company. She knew that she had no legal right to the food, but took it anyway. This constitutes theft, and this tort provides an avenue for recourse against Mary Smith. There is at least negligence on Mary's fault. Clearly, the burden of exercising more care is not as great as the burden of committing the damage, as Mary would simply have needed to let the doorman know that this was not her package. She would be found to have committed this tort against Gourmet Heaven. In all likelihood, just the threat of legal action should allow for the recovery of the cost of the order from Mary Smith.
2. The unfair trade practice alleged here is dumping. First,…
References
Larson, A. (2010). Contract law -- an introduction. Expert Law. Retrieved December 8, 2013 from http://www.expertlaw.com/library/business/contract_law.html
Riley, G (2012). Elements of a contract. Tutor2U.net. Retrieved December 8, 2013 from http://tutor2u.net/law/notes/contract-elements.html
WTO.org (2013). Anti-dumping. World Trade Organization. Retrieved December 9, 2013 from http://www.wto.org/english/tratop_e/adp_e/adp_e.htm
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