Business Laws Assignment | OFFICE PRO X9

   

Added on  2019-11-20

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Running head: BUSINESS LAWSBusiness LawsName of the studentName of the universityAuthor note
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2BUSINESS LAWS1. Issue To confirm if the office chair named OFFICE PRO X9 is by information the mostamazing chair for the contract is provided in the said contract or is it not. Rule An act of Puffery when compared to a contractual terms cannot be considered the samewhat so ever. Puffery is something that cannot be considered legal in accordance to the law, but,the contract is fixed and legally binding, tying two or more parties together. It was stated in REAGroup Limited v Fairfax Media Limited1case, where it was judged that the term pufferyrefers to the exaggerations prompted by dealers to highlight their product’s most significantfeatures. So, it is considered that reason cannot dominate vaguely fashioned phrases.The case of Carlill v Carbolic Smoke Ball Company2made it very clear when the defendant ofthe cause interpreted their actions to be mere puffs, but, the judges had other reasons to think not.It was judged by law that when an act of puffery is convincing enough to overpower a reasonableperson into signing a contract, then, it can be considered a contractual term.In application to certain principles appointed in a carbolic case, we can determine whether aclause is a puff or not, in Australia. The subject matter too plays its crucial rule in theidentification procedure. As learned before, if a puff is inducing enough to lead into theformation of a potential contract, it will be considered as a contractual term. Application1[2017] FCA 912 [1892] EWCA Civ 1
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3BUSINESS LAWS As said in the situation given to us, taking into consideration the laws of ‘Puff’ and‘Misrepresentation’, it is seen that Samantha mentioned nothing more that the appliance namedOFFICE PRO X9 is supposed to be the best for sale in market and stated of its supposed amazingnature. It clear by her words that he opinion of the chair being amazing for of her own, it is not atall necessary that something which is amazing to one has to make the same appeal to the othersand hence can be considered a puff. The word “I think”, clearly point to the fact that the thoughtof the chair being amazing was her personal opinion and not a legitimate fact.Hence, we can say that Samantha’s statement on the chair is clearly not in the contractual terms,but, nevertheless, they seem to have clearly motivated and Peter into purchasing the appliance.Hence, this factor alone transforms Samantha’s comment into misrepresentation and changes thepuff into a contractual term. Conclusion Hence, it can be concluded that both the statements of Samantha about OFFICE PRO9X being the best in the market and being amazing are clearly not a part of the said contract butsince it induced Peter into purchasing the product, it turns into misrepresentation and hence, acontractual term. 2. Issue Can the statement of ‘OFFICE PRO 9X having comfortable back supportingtechnology that would help Mr. Peter to get his work done in extreme comfort for the whole day,be in the terms of the said contract?
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