The
contentious issue in this situation is whether the pre-contractual statements
made by Jafari about the vacuum becomes terms of a contract despite Jafari used
representation and puffery to encourage Aadhya and Vernon to purchase the
product.

The
consensus ad idem between both of the parties agreed on the type of vacuum is
needed. It is an express term by Aadhya and Vernon that they were buying the
trailer for the purpose of operating a cleaning business.  There was the condition for Aadhya and Vernon
to purchase it otherwise they wouldn’t do it. A condition is a vital term that
forms part of the contract, without the term the party would not have entered
into the contract in the first place. Illustrated in the case study Associated
Newspapers Ltd v Bancks when offeror proposals a contract with a condition by
the offeree and it is an accepted contract, the condition is to be a
contractually binding as a promise. Banks agreed to develop a full page of his
drawing to associated newspaper, but with the condition, the drawings must be
on the front page of the comic sections of the newspaper

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In
applying the legal rule of the case of Associated Newspapers Ltd v, Bancks in
the Jafari v Aadhya & Vernon case study is the party condition if for
themselves to purchase any vacuum cleaner. It must be able to have the capacity
of the following conditions was to be able to handle high volumes of vacuuming
for the long extended period as well as the ability to remove pet hair
effectively without these conditions they wouldn’t form part of a contract with
Jafari. As Jafari expressed statements about the vacuum were align to Aadhya
& Vernon conditions, it is therefore accepted, and the statements form part
of the contract due without Aadhya conditions they wouldn’t have entered the
contract.

In
conclusion, as Jafari statements are terms of the contract as that is the
reason why Aadhya & Vernon have entered into the contract, the statements
made by Jafari forms part of the contract has become legally binding. 

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