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Business Law: Assignment

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Added on  2020-03-23

Business Law: Assignment

   Added on 2020-03-23

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Running head: BUSINESS LAWBusiness LawName of the studentName of the universityAuthor note
Business Law: Assignment_1
1BUSINESS LAWQuestion 1.Issue The main problem here is finding out if according to the various General Contract Rulesand the Goods Act (Victoria), Charlie would have his chance to file a fine case against theEnviroPro Pty Ltd Company or not.Rule It necessary for us to analyze the situation offered to us in respect of the terns executedbetween Charlie and the EnviroPro Pty Ltd sales person, and see whether the employee’s wordswere legitimate enough to be framed as a contractual term. It has been seen in cases like the one of Carlill v Carbolic Smoke Ball where it was ruledby the judiciary that any a ‘Puff’ if strong enough to overpower the thoughts of a person withintelligence into signing a contract, is not a puff but a contractual term. From what we have stated just now, it can be said that ‘Puffery’ and Contract are very muchdissimilar, and a puff is something that has no legality whatsoever. Puffery was defined as thevarious comments made by an employee to exaggerate his products qualities, as stated in thecase of REA Group Limited v Fairfax Media Limited. It is expected of a prudent individual tocatch a puff rather easily. In the case of Harling v Eddy, it was judged by the court that exaggerated word that werenot known by the buyer beforehand will automatically become terms of contract. The court had ruled that objective intentions are the only ones needed to tie parties in acontractual agreement, not the subjective intentions, in the case of Esso Petroleum v Mardon.Test of objectives is a test of prudency. The case of Poussard v Spiers, divided contractual terms into three types:1.Conditions 2.Warranties3.Intermediate Terms The case made sure that such terms are enjoyed by the parties bound in the contract.
Business Law: Assignment_2

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