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LAW OF COMMERCIAL CONTRACT COMMON LAW ASSIGNMENT Upon advising Jan on her legal rights, certain issues need to be analysed to determine the possible outcomes of this case. Whether or not there is a valid and binding contract between Jan and the student cafeteria is the fundamental aspect to be considered. Therefore the first issue to be discussed is whether Jan and the student cafeteria actually ever came to an agreement. If so, when was it completed? Secondly, as Jan did not pay for her meal at the time of consumption will this affect the validity of the contract? Furthermore, is the exclusion clause legally enforceable? Was there a breach of contract? What legal rights does Jan have? IS THERE A CONTRACT? In order for a valid contract to exist, it must contain the following six elements; offer, acceptance, consideration, intention to create legal relations, certainty of terms, and capacity. When Jan enters the student cafeteria to buy herself some lunch, she goes up to the counter and orders her food. The goods on offer are considered to be invitations to treat. This is illustrated in Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1953] 1 QB 401 (Court of Appeal). In this case