On 15th November a company, Medical Sales Ltd, placed an ad in a national newspaper stating that their new product: Law Casestudy, TCD, Ireland

Case Study

On 15^th November a company, Medical Sales Ltd, placed an ad in a national newspaper stating that their new product can prevent flu if taken as prescribed.  The product was to be taken every day for one month and would cost €30 for a month’s supply. The ad stated that MSL would give €1,000 to anyone who suffers from flu while taking the remedy, and they are so confident in their product that they have lodged €100,000 in a special bank account against any possible claims.

Bobby Byrne, a 17-year-old sales assistant, read the ad and bought the product in his local pharmacy in Sligo, at a discounted price of €25.  It was to be taken once a day for one month, and he started it on the 17^th of November, but after taking the remedy for three weeks as prescribed, Bobby got a really bad flu and was out of work for a week. He was also unable to attend a concert he had purchased a ticket for in advance and which had cost him €100 and was not refunded.  Bobby contacted MSL to claim his compensation, but they told him they were not obliged to compensate him as

(i) he had not completed the course,

(ii) he had not paid the full price for the product,

(iii) MSL had not entered into a contract with him and

(iv) Bobby was a minor and therefore did not have the legal capacity to enter into this contract.  They suggested that he return to the pharmacy for a refund.