Business Law - Qantas Airlines Ltd

Added on - 12 Nov 2019

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Running head: BUSINESS LAWSBusiness LawsName of the studentName of the universityAuthor note
1BUSINESS LAWSQUESTION 1IssueThe issue in this case is to determine the legal position of Qantas Airlines Ltd (Qantas) withrespect to their contract with Airbus Corporation Ltd (Airbus).RuleFor an agreement to be legally binding a valid offer and acceptance has to take place between theparties as provided in the case ofWakeling v Ripley1The parties to the contract have to agree to the terms of the contract in the same sense as theother party as provided in the case ofRiches v Hogben2Once a contract has been signed by a party it is legally binding on it even if the parties did nothave knowledge about the terms of the contract as provided in the case of L’Estange v Graucob3The acceptance when made by a party must not contain an additional term which was actuallynot present in the original offer. In case any term contrary to the offer or in addition to it hasbeen added by the offeree the acceptance would not be considered as a valid acceptance andwould be regarded as a counter offer as provided in the case of Hyde v WrenchA party to the contract has the right to limits its contractual liability be including an exclusionclause but not a legal liability as stated byChapelton v Barry Urban District Council4. A contract1(1951) 51 SR (NSW) 1832[1986] 1 Qd R 3153(1923) 2KB 3944(1940) KB 532
2BUSINESS LAWSto be binding does not have to sign expressly the acceptance of a contract in any form makes itlegally valid.A contractual term which is not usually expected on a contract has to be brought to the attentionof the other party by the original party in order to be valid as stated in Causer v Browne5As provided in the case of Thornton v Shoe Lane Parking Ltd6if a term is not brought to thenotice of the other party which is actually to the detriment of such party the term cannot belegally validOnce a contract has been formed an additional term cannot be added to it as provided in the caseof Interphoto Picture Library v Stiletto Visual Programmes Ltd7A condition is a term of the contract if breached the parties have the right to repudiate thecontract as well as claim damages for any loss suffered due to the violation by the other party.A warranty is a term which does not itself provide an authority to the aggrieved party todischarge itself from the liability to the contract. They are less significant terms in relation to aparticular contact as they do not form the subject matter of the contract. In case the warranties ina contract are not complied with the aggrieved party nevertheless has the right to claimcompensation for the loss of contract.According to the principals related to damages in contract law, the court provides damages to theaggrieved party in form of compensation. The compensation which is determined by the courthas to be just enough to restore the position of the aggrieved party in case the terms have notbeen violated. This includes any loss which the aggrieved party may have faced because of the5(1952) VLR 16(1971) 2 QB 1637(1988) 2 WLR 615
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