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Business Laws Issues | Assignment

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Added on  2019-11-19

Business Laws Issues | Assignment

   Added on 2019-11-19

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Running head: BUSINESS LAWSBusiness LawsName of the studentName of the universityAuthor note
Business Laws Issues | Assignment_1
1BUSINESS LAWSQuestion 1Issue The issue is to find out whether any claim can be made by Qantas Airlines Ltd againstAirbus Corporation Ltd in relation to the contract entered upon by them. LawAn agreement cannot be enforceable by law if is not formed after the completion ofproper offer and acceptance between the parties to it. For the purpose of claiming anycompensation firstly it is to be found out whether the agreement is binding legally1. There must be an element of intention present when the agreement is formed between theparties according to which the parties to the agreement has to have the intent to be bound by itsterms legally as per the principals of Smith v Hughes2. For the above mentioned purpose an acceptance cannot be unequivocal which suggeststhat there must not be an additional term or a term not according to that of the offer. In case ofsuch event the acceptance will reject the offer and itself become a counter offer3. After signing the contract or accepting it in any form the contract becomes bindinglegally and the party to it cannot claim that they did not know what its terms contain. Thisprincipal was discussed in the landmark L’Estange v Graucob4 case. 1 Hunter, Howard. "Modern Law of Contracts." (2017).2 [1871] LR 6 QB 5973 Smits, Jan M., ed. Contract law: a comparative introduction. Edward Elgar Publishing, 2017.4 (1923) 2KB 394
Business Laws Issues | Assignment_2
2BUSINESS LAWSIn the case of Chapelton v Barry Urban District Council5 the court ruled that it is legalfor a party to restrict their liability in a contract by adding a contract term known as the exclusionclause and if such term is accepted than the aggrieved party cannot claim any extra damage thenwhat the damages has been limited to. In the case of Thornton v Shoe Lane Parking Ltd6 the judge ruled that as the clauserestricting the liability of one party was not in a proper way brought to the notice of the otherparty to the contract the term can’t form a part of the contract and has to be declared as invalid.The case also signified that letting a person know about such term after the contract had beenformed does not make the term valid. In addition if a term is not related to the subject matter of the contract and is fairlyunusual in nature such term has to be clearly communicated to the other party especially whensuch term may be not beneficial for the party. The famous case of Causer v Browne7 hasdiscussed such principals in details. There are three types of terms in a contract namely Conditions, Warranties andintermediate terms. Condition is a term which is associated with the main content of the contractand bring it gives the other party the right to discharge the contract. a warranty is an additionalterm of the contract a breach of which gives the other party the liberty of claiming damages fromsuch breach. These terms are not as important as the conditions8. Application 5(1940) KB 5326 (1971) 2 QB 1637 (1952) VLR 18 Taylor, Richard, and Damian Taylor. Contract Law Directions. oxford university press, 2017.
Business Laws Issues | Assignment_3

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