Business Law Assignment - Contract Terms

   

Added on  2019-10-30

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Running head: BUSINESS LAWSBusiness LawsName of the studentName of the universityAuthor note
Business Law Assignment - Contract Terms_1
2BUSINESS LAWSAnswer 1Issue 1Is the information provided by the seller in relation to office Pro x9 that it is the most amazingchair is a term of the contract?RuleA term of a contract is a clause which is binding legally on both the parties to it. In case arepresentation is made by one party and the other party relies on such representation and getsinto a contract the Representation would be regarded as a term of the contract as provided in thecase of Oscar Chess v Williams1. On various instances there are certain representations which are not regarded as contract terms.These applications are known as puffery. The concept of a representation being a mere puff camefrom the famous case of carbolic smoke ball. The defendant in this case tried to influence thejudge that the advertisement which was made by then were mere puff and not a term of thecontract. However the court did not accept the submission and declared such representation as aterm as the plaintiff was induced by it to get into the contract.However in the modern market puffery are not regarded as contractual terms. Puffery areexaggerated description with respect to a product provided by the seller so as to praise hisproduct in front of the buyer. Such representation made by the seller would only be regarded as apuffery if a reasonable person would know that it is a puffery and would not get induced by it toget into the contract. In addition even if a reasonable person would know that search turn is apuffery but the party to the contract not having sufficient subject knowledge about it relies on1 [1957] 1 WLR 370
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3BUSINESS LAWSsearch term to get into a contract it would be regarded as contractual term as provided in DickBentley v Harold Smith Motors2. ApplicationIn this case Peter is a physical education teacher who wants to no be a writer but suffers fromback pain. He has clearly instructed the shopkeeper that he wants the chair which would providehim support for his back while. The shopkeeper has provided him that the office Pro x9 is one ofthe most amazing chairs. Any reasonable person would not rely on such representation made bythe seller to get into a contract. This is because it is clearly evident that the seller is trying toexaggerate about his product. Any reasonable person is regarded to have subject knowledge inthis area.ConclusionThe Representation that office Pro x9 is an amazing chair is a mere puffery and not return of thecontract as it can reasonably not induce a person to get into a contract.Answer 2IssueWhether office pro x9 provides back support through a technology and would be very helpful forthe buyer for the purpose of doing his work is a term of a contractRulesSame as discussed aboveApplicationFor the purpose of analysing that whether the representation made by the seller that the officePro x9 provides support to the lower back through latest technology and would be very helpfulfor the buyer to continue with his work is a term of a contract, it has to be determined that2 [1965] 1 WLR 623
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