Contract Law Case Study

3017 words - 12 pages

Contract Law Case Study Both the parties in the question have come to a problematic situation
which is complicated to resolve. Friend's of the Forest (Friends),
represented by Christabel, is involved in a commercial trade with
Paper Supplies Pty Ltd (Paper) which is represented by Dee.

A contract needs four essential elements to exist. In the situation,
it is obvious that the four elements are satisfied. As the details are
not fully provided, it is arguable as to when the contract was formed
which will affect the legal rights and obligations of both parties.

The first main issues to be discussed regarding the contract is
whether is the exemption clause binding and enforceable, is the
document contractual in nature, and was the exemption clause a term of
the contract.

It is arguable that the contract was formed only after the goods and
delivery note had been delivered, and Christabel retained the goods
without making any objection to the conditions on the note. But this
did not mean that all conditions contained in the note were terms of
the contract. It was not possible for Christabel to negotiate the
terms in the document as it was delivered by the driver and is
reasonable to assume that the driver is not an agent of Paper. Thus,
Christabel could not negotiate the terms with Dee.[1] Nevertheless,
Christabel did sign the document which will become binding as the fact
that a person that has signed a document is strong evidence that the
person has agreed to be bound by it. In the case of L'Estrange v F
Graucob Ltd, Mrs L'Estrange signed a document containing an exemption
clause without reading it. The court held that Mrs L'Estrange had
signed the agreement and therefore was bound to it. In the situation,
regardless of whether Christabel has read the terms of the document,
the signed agreement has been signed by her and therefore she is bound
to it.

A possible exception is that Christabel can argue that the contract
was already formed after the negotiations and it was before the
document containing the clause was presented. To prove this,
Christabel has to prove that it was a fully oral contract which was
formed right after the negotiations where the four essential elements
of a contract already exist. Following that, Christabel has to argue
that the document did not appear to be contractual. In D J Hill and Co
Pty Ltd v Walter H Wright Pty Ltd, the negotiations were conducted
entirely by telephone and when the goods were delivered, Hill's
employee signed a form which contained an exemption clause. The
document signed was regarded as a delivery docket and that when they
signed it; all they were doing was acknowledging delivery. Christabel
can argue that she was merely acknowledging delivery.


Find Another Essay On Contract Law Case Study

Absence of an Ante-Nuptial Contract Case Study

665 words - 3 pages intention of settling there permanently and the husband was naturalised as a British subject. In 1984 the husband died. There was no ante-nuptial agreement, which meant that the couple was married out of community of property as they were married under German law. Issue Which law is applied to determine the matrimonial propriety rights of spouse in absence of an ante-nuptial agreement? Ratio In the absence of an ante-nuptial contract, the

Australian Law and Business - case study

2464 words - 10 pages the Legal position under the Contract Law regarding the above situation and followed by relevant recommendations.Legal position under the Law of ContractFirst, we will look into whether there is a valid contract between Jack and Albert.Jack is a taxi driver and he is stationed at the Toowoomba Railway Station for picking up passenger at the material time. As Jack and Albert do not know each other, and Albert did not make any appointment with

Law Coursework Case Study of Benitez Computers LTD

756 words - 3 pages In advising Benitez Computers LTD we must consider whether the fax they sentout to a number of their customers was an offer or and invitation to treat.An invitation to treat is where a party such as Benitez Computer LTD arenot willing to implement the terms of their promise but merely seeking toinitiate negotiations. As in the case study of Partridge and Crittenden itwas decided that if the advertisement such as the fax sent out was aninvitation

Analysis of The Types of Law in a Case Study

2204 words - 9 pages price had the correct mileage been show. Therefore, the sales representative was in breach of an express term. This relates to the case of Smith v Land and House Property Corporation (1884) where there was a misrepresentation which induced the claimant into forming a contract. The case of Bannerman v White (1861) also relates to this scenario as an express term of the contract had been breached whereby the merchant had purchased hops treated with

The case law study of multi-modal transport issue

2678 words - 11 pages Eastern Pride on ocean, so that direct contractual relationships are established between Chopstix and two carriers-Easy rider and Eastern Pride. On the other hand, when Hasslefree Transporters has signed the contract with EasyRider and Eastern Pride, who had become voluntary bailees, Pollock and Wright, who in their treatise Possession in the Common Law (1888) identified a bailee as follows:Any person is to be considered as a bailee who otherwise

Criminal Law Case Study

1892 words - 8 pages The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous

Educational Law Case Study

1040 words - 4 pages Case Study:Summary of Case:I will be focusing my attention on the third case. This case discusses a major issue haunting schools across the country; bullying. In this specific case a grade 11 student was concerned for her own safety as threats had been made by another student. The teacher was informed and the student was told to contact the vice-principal. Instead of doing this, the student went home over lunch and returned to school with a

An example of The policy cycle in New Zealand using Homosexual Law Reform Act 1986 as a case study

2653 words - 11 pages This essay will explore the Homosexual Law Reform Act as a case study of the "policy cycle". Through out this essay I will investigate the interactions which took place between actors such as politicians, interest groups, individuals which led to the emergence, formation and the implementation of the Homosexual Law Reform Act. This paper discusses the background and the leading events which set the agenda. This essay also will go on to

Moral Conflict with Ethical Principles and Laws - Suicidal Cancer Patient Tells Nurse Intentions - Ethics and Law of Health - Case Study

2568 words - 11 pages HLTH3000: Case Study Written Assessment A 57-year-old male patient is suffering from late stage prostate cancer and is currently in care of the oncology department at a general hospital in Brisbane, Queensland. He was diagnosed seven years ago by a urologist, but refused conventional medical intervention and chose to seek alternative treatment. Since this diagnosis, his current admission to the hospital was due to anemia and hypoproteinemia

Law Case Study on Property

2981 words - 12 pages dangerous drug). Mary immediately gives John notice to vacate the studio saying "I won't allow you making trouble on my property". Advise John.The essence of this case is whether John's occupation is under a lease or just under a licence. The distinction between a lease and a licence is important because John will enjoy the security of tenure legislation found in the Land and Tenant (Consolidation) Ordinance (LTCO), while he does not if he occupies

Contract Law

8517 words - 34 pages elements of the formation of a legally binding contract. The significance of specific terms used in business contracts will be explored, relevant important cases will be used to explain how a contract is formed and what the specific terms mean. Using the case study, Draker Ltd. examples will be given of how this large engineering company could be affected.Types of Business Agreements -There are different types of agreements,•Unilateral- one

Similar Essays

Law Case Study

1459 words - 6 pages Law Case Study X owns a holiday cottage in a remote mountain area. In May he agreed to let it to Y from 1-15 August. Y paid a deposit of £ 200. On the afternoon of 31 July, after Y and his family had set off from their

Commercial Law Case Study

1783 words - 7 pages sale of land but personal property will not. The standard tests for determining whether an object is a fixture or a fitting are: the degree of annexation text and the purpose of annexation test (Gibson, Rigby & Tamsitt 2003, p339). In this case, the seating and hair dryers are securely bolted to the floor; they are part of the land. Which would be considered as the fixtures, which should pass to a purchaser under the contract. Meanwhile, the

International Trade Law Case Study

2332 words - 9 pages case. France is one of the contracting parties of the Vienna Convention but not Indonesia. Although Indonesia is not contracting parties in this act, according to article 1(1b), the convention will apply when the parties are in different countries and the proper law of the contract is that of a country that is party to the CISG and that country has not made a relevant article 95 declaration. CISG will apply to the contract if the law applying to

Workplace Law Case Study Analysis

1745 words - 7 pages necessary indicia specified in the case of Metals and Engineering Workers Union - Western Australia v Centurion Industries Ltd (1996) 66 IR 312. Furthermore, this provision of law also stipulates that the nature of her contract can change (which it has) from that of a casual employee to a part-time one.3. Elizabeth can be classified as a part-time employee. Therefore, her employment contract should entitle her to a provision of sick leave pay