Business Law Assignment: Case Studies on Contract Law and Law of Torts

This business law assignment presents a detailed analysis of two case studies, focusing on key legal concepts. The first case examines contract law, specifically addressing an exclusion clause in a dry cleaning agreement between Sam and Quick Klean Dry Cleaners Pty Ltd. The analysis explores the validity of the exclusion clause and its implications for Sam's ability to sue the company. The second case delves into the law of torts and negligence, involving Frank's injury at a local football ground. This section investigates issues of duty of care, breach of duty, and potential liability of the ground or club. Both cases are examined using the IRAC method, providing a comprehensive understanding of the legal principles involved and their application to the given scenarios. The report concludes with an overview of business law principles related to contracts, torts, and negligence, along with relevant references.

BUSINESS LAW
PART A AND PART B

INTRODUCTION
Business law are such laws which is imposed mainly on business and the employees engaged with
their business activities. Theses laws are enacted by the parliament and they are bound on every
business and the parties are bound to follow such rules. They are regulated by applying certain
policies and agreement to parties in respect of entering into the contract. Business laws provides a
fair decisions between the parties, employees and public which are dealing with each other so that
there rights are secure and they can enter into the agreement in fair terms and conditions. Present case
study is based on contract law which is made between the Sam and Quick Klean Dry cleaners Pty
Ltd. regarding the exclusion clause. Second case study is based on Law of Torts and Negligence
which happens with the Frank in the local ground at the time of watching the football game.

PART A
ISSUE
• As per this case study, the issue which is found in this case is that Sam first time try the
Quick Klean Dry cleaners to dry clean his suit.
• Quick Kelan in return given a receipt in which it clearly mentions all the details in
agreement which they made regarding the dry clean.
• They clearly present that they will take care of that suit but they will not take any
responsibility during the cleaning or stains which already exits.
• The assistant to communicate with Sam had clearly notifies that these clauses is also
written in the back of the tickets and it is considered to be the biggest evidence to prove
any guilt.

RULES
• As under the contract law, exclusion clause are generally inserted in the contract law as
under this clause it involves exception or exclusion to implement any condition which are
imposed in the contract.
• As Contract law is an agreement which is made between the parties and both the parties
are legally bound to follow the contract and their terms and condition are also to be
fulfilled.
• The contract law are exempted in cases when the parties had not attained the age of
majority or they are not competent to carry the contract or of unsound mind.

CONTINUE
• Thus, under Exclusion clause various point are to be fulfilled to make it valid such as
true exclusion clause in this clause the point which are written in the contract doesn't
result in breach to any of the parties.
• This clause is made to present the true and fair values and the duties which they person
are also in various terms and conditions.
• Next is related to time limitation clause as every contract is valid till it is under the time
which is decided by the parties.

CONTINUE
• In the case of Darlington Futures Ltd V Delco Australia Pty Ltd [1986], both the parties
entered into a contract on 12 June 1981 regarding providing brokerage services.
• They entered into an agreement which is clearly mentioned as clause that Delco
Australian wish to open an account of traded at the discretion of the appellant company
I.e. Darlington Futures Ltd. and the answer was No.
• After that appellant stuck from such losses and they demand from the respondent that
they engage in some transaction regarding to tax saving which helps them to avoid losses.

APPLICATIONS
• The contract law is relevant to this case study and as per the rules which is discussed
above clearly stipulate that there is an agreement between the parties regarding the
clauses which is clearly mentioned at the back of tickets and both the parties agree to
such activity.
• As if the assistant not discussed the fact regarding the non removal of stain during dry
clean than it results in breach of contract.

CONTRACT LAW
• As under contract Law, Sam enters into the agreement with the Quick Klean regarding
the dry clean of suit and after examining all the terms and condition which is imposed by
one or the parties and the other party agree it, than they enter into the agreement which is
legally bound on both the parties.
• Sam enters into the agreement which means that they agreed all the terms and condition
and the condition which the assistant mentioned at the time of taking that suit that they
will take care of their suit but are not responsible if any stains arises at the time of
cleaning.

EXCLUSION CLAUSE
• Exclusion clause are the clause which is made in the contract and which clearly identifies
the rules which are excluded from the contract and the other party is not bound if any
incident happens against such case.
• Sam cannot file any suit against the Quick Klean as they have clearly identifies that they
are not bound to follow any such act which they have clearly mentioned in the receipt.
• As it is the Sam own mistle that after knowing such facts they still enter into the
agreement with the other party

CONCLUSION
From the above case study it can be concluded that Sam is not liable to sue any of the
parties as he is bound under the contract. The decision are finalised by both the parties and
the terms and condition are also be disclosed under the contract so in such cases they enter
into the valid contract and both the parties have to follow such terms till the contract is
under the time limitations.

PART B
ISSUE
• In the case study of Frank, he is a football lover and attended various games which is held
in his local ground.
• One day occasionally, the football hit his stand where he is sittings and then hit his head
which bring him to push from their seat and break his arm.
• As Frank was the frequent visitors in that local ground and the games are held every time.

RULES
• Under the Law of Torts and Negligence, it results in arising any mistake which is to
committed under the civil liability or neglect any act which cause any injury to the other
party.
• There are various factors which examined under the law of torts and negligence as duty
of care, breach in duty and damages caused with such act.
• It is the duty of the one party to take care of certain activity which results in causing any
damage to other party.