BUSINESS LAW Exclusion Clause and Vicarious liability

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Running head: BUSINESS LAWExclusion Clause and Vicarious liabilityName of the student:Name of the university:Author note
1BUSINESS LAWAnswer to question 1IssueThe main issue of the case is to decide the real position of the Qantas Airlines andwhether there is any breach of contract present in between the Airbus Corporation Limited ornot. The present case is based on the contract and certain professions are incorporated underthis case. It is a common rule that in a agreement of contract the parties are liable to follow allthe rules and regulations mentioned under the conditions department of contractualagreement. If the party or any of the parties could not able to meet, the requirements properlylovely pose against them and restrict them to do that thing. However, there are certainexceptions to the rule. It wasn’t stated under the contract law that if the party or any of theparty could not able to see certain professions paragraphs and without seeing them accept thesame he will be get certain benefits under the exclusion clause. It has also been stated underthe law that the law of contract is based on the offer and acceptance. A person who won todeliver a sell certain things makes an offer and the other party have to show their interest andaccept the offer matter. There are certain rules regarding the term acceptance. A person hasrequest to accept anything after understanding all the Essential elements of the offer.However, if there is certain paragraphs mentioned under the contractual agreement and thatare written in such a way that the acceptor could not able to understand the inner meaning ofthe condition or failed to go through the condition as well, law will provide certain excuseunder the exclusion clause to secure the interest of the party. In this case also the ruleregarding the exclusion clause will be imposed on the party.LawIt is common under the law of contract that the base of contract could not makewithout offer and acceptance. There are certain paragraphs mentioned that until the offer is
2BUSINESS LAWaccepted by the other party there will be no contract exist. There are certain provisionsmentioned under the law of acceptance that Such acceptance must be free consent and thereshould not be any chance to coerce the person of Crave out the acceptance illegally. It hasbeen stated under the case law ofDonoghue vs Stevensonthat in case of any offer thereshould be acceptance for each and once the offer is accepted the offer has to pay attention tothe acceptor. InWakeling v Ripley1, it was held that a contract can be legally binding onlyuse there is a valid offer and acceptance to the offer.It has been mentioned under the case lawof Riches v Hogbrn2it has been held that aparty who accept the offer made by the offer should accept the same in such a way or mannerthat is created by the offer or that is encrypted in the mind of the offeror.In the case ofGrauco3it has been held that once the person accept all therequirements made by the offer he shall be restricted by Court to claim further. The reasonbehind the same is that it is presumed when a person give he is ordered free consent oversuch issue. It is stated under the law that when an offer has been made and the parties whoaccept the same could not able to add certain extra benefits under the conditions of the offer.If there is certain proof regarding the method that the acceptor has added extra provisionsunder the contractual rules and if the offeror could not able to understand its meaning andwithout the understanding he signed the contract then the transaction would not be consideredas a valid acceptance or a valid contract.1Causer v Browne (1952) VLR 12Chapelton v Barry Urban District Council (1940) KB 5323Derry v. Peek (1889) 14 App Cas 33
3BUSINESS LAWInChapelton v Bary Urban District Council4, it was held that there are certainlimitation regarding the contractual liability and there is a profession mentioned under thecontract law regarding the exclusion clause.The main objective of the exclusion Clause is that is in a contractual agreement thereis certain provisions regarding the contract law that are not expected to be there under thecontrol agreement. It is to be understand that if any of the position has made or included oradded in the conditions of the contractual agreement it is the duty of the person who hasdecided search terms brought into the mind of the other party. Is the same principle has notbeen followed up properly the validity of the contract should not be possible. The relevantcase law regarding the exclusion clause can beCauser v Browne5.There are certain profession mentioned under the contract law to determine thelegality of the legal effect of the contract. It has been mentioned under the act that after theoffer is made a person who accept the same, shall be made on the way where there is noclasses of coercion and undue influence or fraudulent way. It has also been stated that if theadditional term is not known to the parties to the contract or any of the parties to the contractthe towns will be excluded from the contractual agreement.InInterphoto Picture Library v StillettoVisual Progrm6, it has been held that afterthe contractual agreements and the terms of such agreement has been made no otherconditions should be added with the agreement. If such terms are added it is said violate theprinciples of contractual law and hills make the contract void.4Dimmock v Hallett(1866) LR 25Edgington v Fitzmaurice (1885) 29 Ch D 4596Interphoto Picture Library v Stiletto Visual Programmes Ltd (1988) 2 WLR 615
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