Contract Law Assignment - Astley v Austrust Limited

Added on - Dec 2020

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Contract Law
Table of ContentsMAIN BODY...................................................................................................................................1ANALYSIS OF ISSUE...................................................................................................................1CASE LAWS...................................................................................................................................2CONCLUSION................................................................................................................................2REFERENCES................................................................................................................................4
MAIN BODYFacts related with case:in this case Pia a fitness coach went for Ski trip and upon reaching theski center she signed a form without reading it and submitted the fees.Formation of contractAs per provision of contract law a contract is formed when parties intent to be legallybound by their promises and have agreed clearly on term promises made by them. For a contractto be their there are certain requirements that must be fulfilled that are: offer, acceptance andconsideration. 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 theliability of beach under the contractual agreement (Exclusion Clauses. 2018). This is generallymentioned on the bills and or in cautionary language and defied that in case of breach the partycan not be held liable for the same. This is inserted to protect oneself from thing that might gowrong within a contract.Negligence:Duty of careDivision 2As per law of negligence ski center owes a duty of care toward each and every personwho cones to there center for taking ski trip. It is their duty to well inform them about the anyrisk though it is minor but still need to be informed to them in order to make them vigilant aboutthe trip they are going to undertake.Duty of warn risk: Section 10Aperson who owes a duty of care to another person gives a warning and otherinformation to the later person in respect of any risk involved satisfy duty of care in the formerperson takes reasonable care in giving that warning (Law of negligence and limitation ofliability Act, 2008).ANALYSIS OF ISSUEThe 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?1
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