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Compensation Claim Against Airbus and Liability of Frank as Principal

   

Added on  2019-10-31

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Running head: BUSINESS LAWSBusiness LawsName of the studentName of the universityAuthor note
Compensation Claim Against Airbus and Liability of Frank as Principal_1

1BUSINESS LAWSTable of ContentsQuestion 1........................................................................................................................................2Question 2........................................................................................................................................5Reference List..................................................................................................................................9
Compensation Claim Against Airbus and Liability of Frank as Principal_2

2BUSINESS LAWSQuestion 1Issue Whether Qantas Airlines Ltd (Qantas) is entitled to claim compensation from Airbus CorporationLtd (Airbus)Rule A valid offer and acceptance is necessary to form a contract and are two of the mostessential elements to make it enforceable in the court of law. Another essential element of acontract is legal intention of the parties to become legally bound by the contract as was held bythe court in Harvey v Facey [1893. The person making an offer is known as the offeror and theperson accepting it is the offeree. When the offer is made to the offeree, the offeree must acceptthe terms of the offer as it is offered and cannot incorporate any additional or new terms. Afterthe formation of the contract, both the parties to the contract becomes legally bound by thecontractual terms as was held in Riches v Hogben[1986. In case, the offeree incorporates any additional or new terms to the offer made by theofferor, it would amount to a counter offer, which implies that the original offer shall becomeinvalid as was ruled in Hyde v Wrench [1840. The parties to the contract may include anexclusion clause to limit the contractual liability of either party to the contract. An exclusionclause refers to the terms that limits the liability of a party to a contract provided such clauses areexplicitly expressed incorporated into the contract. In L’Estrange v Graucob [1934] 2 KB 394, itwas ruled that if an exclusion clause was incorporated into a written contract it shall be effectiveeven if either party is unaware of such inclusion.
Compensation Claim Against Airbus and Liability of Frank as Principal_3

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