Sample Assignment - Business Law (pdf)

Added on - 17 Feb 2021

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Business Law1
Table of ContentsINTRODUCTION................................................................................................................................3Question 1........................................................................................................................................3Question 2........................................................................................................................................4Question 5........................................................................................................................................4Question 6........................................................................................................................................5CONCLUSION....................................................................................................................................6REFERENCES.....................................................................................................................................62
INTRODUCTIONThe main purpose of the report is to discuss, various situation related with consideration ofcontract, battle of forms, clarification of self-employed and an employee and the liability of partiesregarding exclusion clause. Here, we are dealing with the legal aspects of above with saidcircumstances and coming to a definite result in each situation.Question 1In a business, every party wants to comply with the condition of their own. These conditionsare included to the contract, sometimes the terms are not mutual which leads to conflict of whosecontract will prevail. And in the concourse of their performing a contract if there is any disputearises then the question of whose contract will prevail, which is known as “Battle of Forms”.The matter can advised by considering the presided cases by the court. There arises battle of formswhere the parties indulge themselves into an extended process of negotiation, it become strenuousto identify the appropriate relevancy of offer and acceptance made by the parties (Bishara, 2011).The court will scrutinize the whole process of the negotiations, and come to an opinion whether theparties made an agreement or not.In the case of Brogden v Metropolitian Railways, a standard form contract was send to theBrogden by the Metro. In the reply Brodgen sent it back by attaching a clause to it. Metro suedBrodhe for the failure of supplying of coals, breach of contract. It was decided that the metrocomplied with the clause when they accepted the coal.In the case of British Road Services v Crutchley 1968, whiskey was delivered by the plaintiff to therespondent for storage. A delivery note was sent with the driver of BRS and it was stamped by theemployee of the Crutchley, “received under our conditions” and given back to the driver. It was acounter offer which was accepted by the BRS cause the driver hand over the goods to them.Now if we look into the matter of Buildit Ltd and Clearview, there is a contract of supplyingof windows. Clearview agreed on the price for the supply of windows and sent it to Buildit withstandard form contract. Buildit sent an email back to the Clearview confirming the dates of deliveryand with an addition of their standard form contract. Then the work was completed by theClearview and they were paid for that. The compalint came to Buildit after some months thatcondensation was accumulating and causing damage to the properties. According to the clausegiven in the Clearview contract that they were not responsible, if the complaint is not done within amonth of the good being fitted. Here the question is of whose contract shall prevail. The contractmade by the Buildit shall prevail because Clearview accept it by completing their service(DAILY,3
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