Question

DQuestion 38 Spangel Fashions sends out its spring and summer catalog to Cindy. Cindy falls in love with the cute dress featured on the front cover of the catalog. When Cindy calls to order the dress, she is informed that the company has sold out of the dress. Cindy is upset and claims that the store is in breach of contract. She argues that the catalog presented an offer, which she accepted when she called to order the dress. Is Cindy correct? Why/why not?

Answer 1

38. A catalog is only a list of the items displayed and a clause will be mentioned on any catalog stating that the selling of any product depends on the availability of that product . Hence Cindy cannot take the catalog as a contract and claim that a breach has occured when the dress is sold out and is not available . Hence Cindy is not correct.

47. An exculpatory clause is the clause which can be used by one party to claim it is not liable when some damages occur. This clause protects the party from liability for those damages. This is generally used by sellers when they sell some items that might get sopilt while transporting them or by organisers of some show etc., These clauses will be printed on the tickets or the bills stating that they are not responsible for such damages. However when the clause deprives the right to question from the buyers and does not provide equal rights to both the parties to argue or the damage is due to the negligence of the seller , then the cluase is enforceable.

Answer 2

38. A catalog is only a list of the items displayed and a clause will be mentioned on any catalog stating that the selling of any product depends on the availability of that product . Hence Cindy cannot take the catalog as a contract and claim that a breach has occured when the dress is sold out and is not available . Hence Cindy is not correct.

47. An exculpatory clause is the clause which can be used by one party to claim it is not liable when some damages occur. This clause protects the party from liability for those damages. This is generally used by sellers when they sell some items that might get sopilt while transporting them or by organisers of some show etc., These clauses will be printed on the tickets or the bills stating that they are not responsible for such damages. However when the clause deprives the right to question from the buyers and does not provide equal rights to both the parties to argue or the damage is due to the negligence of the seller , then the cluase is enforceable.