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LST2BSL Introduction To Business Law And Ethics

Added on - 30 Oct 2019

  • LST2BSL

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Running head: INTRODUCTION TO BUSINESS LAW AND ETHICSIntroduction to Business Law and EthicsName of the StudentName of the UniversityAuthor Note
1INTRODUCTION TO BUSINESS LAW AND ETHICSTable of ContentsQuestion 1........................................................................................................................................2Question 2........................................................................................................................................3Question 3........................................................................................................................................4Question 4........................................................................................................................................6Reference list...................................................................................................................................8
2INTRODUCTION TO BUSINESS LAW AND ETHICSQuestion 1IssueWhether OFFICE PRO X9 is an amazing chair and/or best in the market forms a contractualterm of the contractRuleThe terms of a contract may be defined as the statements that have been agreed betweenthe parties to the contract that is, it forms the content of an agreement. The terms of a contractmust be promissory and certain in nature. Puffer, opinions or representation are not considered asterms of a contract. In law of contract, puffery refers to a promotional claim or statement thatexpresses subjective instead of an objective view, which is not literally considered by, andprudent person as was observed inREA Group Limited v Fairfax Media Limited1.Further, inCarlill v Carbolic Smoke Ball Company [1892]2, the respondent in theircontentions argued that their actions were mere puffs but the court had other reasons to believeotherwise. The court held that when an act of puffery is convincing to the extent that any prudentperson would be convinced to enter into a contract, it might be considered as a contractual term.If the principles discussed in the Carbolic case is applied, it is convenient to determine whether aclause can be considered as puff in Australia. If any term is convincing enough to make anyreasonable person to enter into a contract, it shall be considered as a contractual term.Application1[2017] FCA 92[1892] EWCA Civ 1
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