Contract Law Essay

This essay analyzes a case involving a fitness coach who suffered an injury during a ski trip, examining the formation of the contract, the validity of an exclusion clause, and the potential negligence of the ski center. It draws upon relevant case laws to determine the liability of the ski center for the injuries.

Contract Law

Table of Contents
MAIN BODY...................................................................................................................................1
ANALYSIS OF ISSUE...................................................................................................................1
CASE LAWS...................................................................................................................................2
CONCLUSION................................................................................................................................2
REFERENCES................................................................................................................................4

MAIN BODY
Facts related with case: in this case Pia a fitness coach went for Ski trip and upon reaching the
ski center she signed a form without reading it and submitted the fees.
Formation of contract
As per provision of contract law a contract is formed when parties intent to be legally
bound by their promises and have agreed clearly on term promises made by them. For a contract
to be their there are certain requirements that must be fulfilled that are: offer, acceptance and
consideration. Parties to contract must agree on sane terms than valid contract is formed.
Exclusion clause:
As per Australian contract law an exclusion clause term in contract which limits the
liability of beach under the contractual agreement (Exclusion Clauses. 2018). This is generally
mentioned on the bills and or in cautionary language and defied that in case of breach the party
can not be held liable for the same. This is inserted to protect oneself from thing that might go
wrong within a contract.
Negligence:
Duty of care
Division 2
As per law of negligence ski center owes a duty of care toward each and every person
who cones to there center for taking ski trip. It is their duty to well inform them about the any
risk though it is minor but still need to be informed to them in order to make them vigilant about
the trip they are going to undertake.
Duty of warn risk: Section 10
A person who owes a duty of care to another person gives a warning and other
information to the later person in respect of any risk involved satisfy duty of care in the former
person takes reasonable care in giving that warning (Law of negligence and limitation of liability
Act, 2008).
ANALYSIS OF ISSUE
The issues to be answered in this case are:
 Whether there was a valid contract between Pia and Ski center?
 Does the notice falls under exclusion clause?
 Does their was negligence on behalf of the Ski center?
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 Can damages be claimed by Pia for injury suffered by her?
CASE LAWS
Astley v Austrust Limited
This case revolved around determination of the fact that whether the damages for breach
of an implied term to take reasonable care and skill in providing services should be diminished
due to contributory negligence.
It was held in this case that although there was a negligence on part of accused but it was
considered as damages under tort not breach of contract.
Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd
This case was related with the fact of determination of whether a subjective or objective
approach should be taken in identification on intention to create legal relation (Air Great Lakes
Pty Ltd v KS Easter (Holdings) Pty Ltd, 2018).
In this case it was held by the court that parties have enters to sale airline business and have
clear intention have legal relation that can be proved by the document as well from statements
of parties.
CONCLUSION
For this case it can be concluded that the contract between Pia and Ski centre was
formed when payment of the fee for ski lift is paid by her. The offer was open to all and without
any modification in terms and was accepted by Pia. The consideration on this case is the fees
paid by Pia to ski centre. It can be said that the contract was formed between them when fees was
submitted by Pia for ski trip.
In can be said that the important notice displayed on the notice board and other places ca
become a part of exclusion under contract law but as per section 10 of negligence law of
Australian government it can be said that the embers of Ski centre did not complete their duty of
warn risk as Pia was not informed by any person from centre about risk involved and that in
case of injury they can not be held liable.
The terms and conditions of the contract (Ski Driving) have not been disclosed to them
the ski center is under fault for not telling them the terms and condition before taking the fees as
it is there duty as per the law to duly inform about the risk involved when taking the ski trip. The
company is still liable to pay damages to Pia as even she didn't read it before signing it as
company is under negligence so compensation must be paid.
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So in this case it can be concluded with application of case laws that Ski centre was
under negligence and compensation for damages must be paid to Pia for her injury and loss of
pay.
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REFERENCES
Online
Law of negligence and limitation of liability Act 2008. [Online]. Available
through :
<https://www.legislation.gov.au/Details/C2016Q00058/Html/Text#_Toc197935198>.
Exclusion Clauses. 2018. [Online]. Available through
:<http://www.lawhandbook.sa.gov.au/ch05s09s09.php>.
Air Great Lakes Pty Ltd v KS Easter (Holdings) Pty Ltd. 2018. [Online]. Available
through :<https://www.australiancontractlaw.com/cases/airgreatlakes.html>.
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