Question

MACK DARIN OWNS AND OPERATES A STORE IN A ROUGH DOWNTOWN NEIGHBOURHOOD. LAST WEEK, HE RECEIVED A SHIPMENT OF SWITCHBLADE KNIVES. HE PLACED ONE OF THE KNIVES IN HIS STORE WINDOW, ALONGSIDE A SMALL NOTICE BOARD THAT SAID, “SWITCHBLADE KNIVES—$25 EACH.” THAT DISPLAY SOON CAUGHT THE ATTENTION OF CONSTABLE BOOT, A MEMBER OF THE LOCAL POLICE DEPARTMENT. DARIN WAS ARRESTED AND CHARGED WITH A CRIME UNDER SECTION 7 OF THE PROHIBITED WEAPONS ACT, WHICH SAYS THAT IT IS ILLEGAL TO “MANUFACTURE, SELL, RENT, OR OFFER FOR SALE OR RENT . . . ANY KNIFE . . . WHICH HAS A BLADE THAT OPENS AUTOMATICALLY BY HAND PRESSURE APPLIED TO A BUTTON, SPRING, OR OTHER DEVICE IN OR ATTACHED TO THE HANDLE OF THE KNIFE.” THERE IS NO DOUBT THAT THE SWITCHBLADE THAT APPEARED IN DARIN’S STORE WINDOW FALLS WITHIN THAT DESCRIPTION.

think critically about what you know of the nature of offer and acceptance. Has Mack committed a crime? What argument should Mack's lawyer make to absolve him?

Answer 1

The way it was placed at the window, it was a clear case of an offer to sell and if selling such products is prohibited by the law and the law recognizes such act of sale to the general public as criminal offence then at prima facia it looks like Mack has committed a crime. Now we need to further investigate was it done knowing the law that prohibits such sell or did he commit a mistake in the absence of the knowledge of the law regarding the sales of such products. The Mack's lawyer needs to first investigate that does Mack possess any special permission to sell such products to the certain customer who also has permission from the authority to keep such products in possessions like the sales of guns. If this is not the case, then Mack lawyer has to prove that the it was a mistake and Mack was not aware of the law and its applicability therefore considering it as first mistake the goods should be taken in the custody of the police and the Mack should be absolve from this case. One more strong point can be proven that actually the order placed by the Mack was for some other type of knife but the supplier knowing the fact that the such products are banned still supplied the same and Mack being the first time dealing with such products was not aware of the prohibition on sale of such products.