Essay Zone.com - Free essays!
REGISTER NOW!
Login to an existing account
     
GCSE essays
A Level essays
University essays
Forum
Why join?
Essay quality
FAQ

Search forums
About us
Contact us

 

 
Offer and Acceptance - Past Paper Free essay! Download now

Home > University > Business studies > Offer and Acceptance - Past Paper

Offer and Acceptance - Past Paper

You can download this essay for free. All you need to do is register and submit at least one of your essays to us.

Or you can purchase this essay for just $2 instantly without registering

Downloads to date: N/A | Words: 848 | Submitted: 21-Apr-2011
Spelling accuracy: 97.9% | Number of pages: 2 | Filetype: Word .doc


This is what the first 2 pages of the essay look like

Offer and Acceptance - Past Paper essay previewOffer and Acceptance - Past Paper essay preview

Description

An attempt to answer past paper

Preview

Penelope owns a washing machine which has needed regular repair over the past two years. On the latest occasion on which it breaks down, she phones David who has mended the machine on previous occasions. David agrees to come out on the basis of an “all-inclusive” charge of $150.00 Barbados dollars.

When he repaired the machine, he asks Penelope to sign a form saying that all work had been completed satisfactorily; that David will replace any parts break down within three months: but that otherwise David accepts no liability for loss or damage to cause by his work. Penelope signed the form.

The next time that Penelope used the washing machine, it flooded causing $5000.00 worth of damage to Penelope’s rugs. When Penelope tries to switch it off, he receives a severe electric shock from the casing, which severely burnt his arm.

Advise Penelope. Cite relevant cases to illustrate your answer.

-------

Taking the facts in the case as read. The matter at hand deals with the issue of exemption / exclusion clause. Whereby an exemption clause is one that attempts to either limit or exclude entirely one party’s liability to the other in the event of breach of contract. (To discourage the person whose property or who incurred damages on making a claim)

The issues we need to examine are:
Whether clause was incorporated into contract
Whether clause covers the damages that occurred; and whether we should look at citing the control for an unreasonable exclusion clause (Consumer Protection Act Cap.326.)


Within common law, on signing the form Penelope entered into a contract with David and is therefore bound by the terms in the contract; so the first issue to examine is whether the clause was incorporated into the contract. There was a purported exemption clause on the form which you signed which stated “that David will replace any parts break down within three months: but that otherwise David accepts no liability for loss or damage to cause by his work” whether the clause was read Penelope is still bound to the terms within the clause. As illustrated in the case L’Estrange v Graucob (1934), where the plaintiff purchased a vendor machine from the defendant and signed the sales agreement without reading. One of the terms in the agreement was that ‘any express or implied condition, statement or warranty…is hereby excluded’. The machine did not work properly, but when L’Estrange sued the defendant in breach of contract, the court held that it was not maintainable as she was bound by the terms and condition.

Seeing that there was an incorporated clause in the contract, we examine whether the clause covers the damages that occurred. The contra proferentem rule requires that any uncertainties or ambiguities in ...

Download this essay in full now!

Just upload at one of your essays to our database and instantly download your selection! Registration takes seconds

Or you can download this essay for $2 immediately without registering


Comments and reviews

Reviews are written by members who have downloaded the essay

No comments yet. If you download the essay you can review it afterwards.