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Question: While Ben is shopping at his local grocery store, he suddenly becomes very thirsty. He takes a bottle of soft drink from the fridge of the store, opens it and starts drinking while he continues looking for the items he wants to buy. Amy, the shopkeeper, rushes over to Ben and says that she is going to report him to the police for stealing a soft drink. Ben replies that the drink is his, since a contract was formed as soon as he took the drink from the fridge. Ben says he will pay for the drink at the checkout. Is Ben correct? With reference to the rules of offer and acceptance in contract law, explain when a contract is formed in a shopping situation
Your Task: Advise Ben whether he can establish his claim of having a contract with Amy concerning the soft drink he has already drunk. Your advice must be given relying on the common law rules regarding agreement, intention to create legal relations, and consideration, with reference to case law
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