StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Business Law Issues - Assignment Example

Summary
The assignment "Business Law Issues" focuses on the critical analysis of the student's answers to the tasks on the issues in business law. A Company that had taken coal from B, for many years, sent B a written agreement regarding the future supply of coal (Invitation to treat)…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER92.9% of users find it useful
Business Law Issues
Read Text Preview

Extract of sample "Business Law Issues"

Business Law Task Answer to 4 and then you should tell at the end which ment is appropriate A Company which had taken coal from B, formany years, sent B a written agreement regarding the future supply of coal. (Invitation to treat) 2. B altered the document, signed it and sent it back to the Company (Counter offer) 3. The Company put the signed document in a drawer, where it stayed for two years with no reference. (A contract or nothing at all) 4. The Company ordered coal, which B delivered in accordance with the altered document. (offer) The fourth statement is that Brogden delivered the coal in accordance to the new altered document. Is the appropriate statement the cause for litigation? Brogden v Metropolitan Railway Company (1876-77) L.R. 2 App. Cas. 666 is a case in which the Courts decided that a valid contract could be established by virtue of the conduct of parties. In this case, the Company entered into negotiations for future supply of coal and sent a document to Brogden, a supplier. Brogden, on his part, made changes in the document, but nevertheless wrote ‘Approved’ and signed on it. When this document reached the Company, it was documented and filed and almost forgotten. Supplies were carried out, but later on misunderstandings occurred between the supplier, Brogden and the Company. The former insisted that a contract was not formed, since he received no intimation from the company, the offeror. However, the contemporary Court was of the considered opinion that the contract was validated when he signed ‘approved’ and sent the document back to the company. A similar situation occurred in the case of Re Imperial Land Company of Marseilles, ex parte Harris (1872) Law Rep.7 Ch. App.587. A proposed shareholder for 100 shares of the company applied to the Company, who accepted the same. However, the non-acceptance letter arrived at the Company after the Company had already sent its allotment letter. The Courts decided that the contract was validated as soon as the allotment letter for shares was sent to the party and the fact that the proposed shareholder had negated his earlier application invalid. Brinkibon Ltd v. Stahag Stahl und Stahlwarenhandelsgesellschaft mbH[1983] 2 AC 34 is an English case in which the issue arouse as to how and in which place the contract could be said to have been established. In this case, Brinkibon, an English company based at London, ordered steel from Stahag in Austria. The former sent its acceptance to the latter by teleprinter (telex). However, later wished to send a legal notice to Stahag, but the matter that arouse was whether the contract was formed in London, or Austria. The Courts decided that since the acceptance was received in Austria (Vienna), the contract was formed there, and not in England. Task 2: (i) Decided case of Hollier v Rambler Motors (AMC) Lld 1972 Perhaps, exclusion clauses or exemption clauses were inducted by the trade to escape or reduce liability from one of the major controversies of contract law. Over fast moving time and changing skyline of contractual jurisprudence, Courts have begun to see the fallacy beneath the “small print” in contractual commitments, especially when one party is at the behest of another, and needs to toe the line, in order to ensure performance of critical contracts. One such example of exclusion clause has been the 1972 case of Hollier v. Rambler Motors. The facts run this way – In this 1972 year case, it transpired that during each of the previous occasions, when Hollier had his car repaired, he had signed an Exclusion Clause with the garage owners. However, during the previous occasion he did not sign it, and as fate would have it his car was damaged by fire caused due to negligence on the part of the garage staff. Quick on the rebuff, the defendants took shelter in the Exclusion Clause which denied liability in the event of any accident. To add insult to injury, the Court verdicted that there was enough evidence to substantiate the fact that the plaintiff (Hollier) had been aware about the clause to which he was agreeing and thus, this could not be deemed as “part of his last contract.” (Kelly et al 2005, p.145). In the changed circumstances however, Hollier the applicant, could now invoke the “contra proferentem rule” under which any grey areas in contracts would need to be clarified by the party seeking its reliance. (Kelly et al 2005, p.145). Besides, on most occasions, exclusion or exemption could be claimed only in the event of non negligence and it may need to be invoked in the event of damages occurring due to negligence as happened in this case. Hollier could now claim damages seeking to invalidate the exclusion clause on grounds of its invalidity in the case of negligent care. (ii) Decided case of Olly v Marlborough Court Hotel Ltd (1949) In this case, the lady lost her fur coat in her hotel room. The contract for occupation was signed at the reception, but the disclaimer notice was hung in the room. Olly argued that the disclaimer did not form part of the contract since she was not aware of it at the time of signing the contract at the reception. Hence, the loss being due to negligence of the hotel staff, she must be compensated for it, which she was. The Appeal by the defendant was also rejected by the Court. However, under the present circumstances, it is quite possible that the contract and disclaimer notice would be hung at the reception area itself and thus, the guests would be bound by it and it is presumed that they are aware of the Exemption Clause when they agree to occupy the rooms in the hotel. Task 3: (a)How would the contract be affected, if unknown to both parties the boat did not belong to George: Under such circumstances, the contract is voidable at the option of Freda. In the event the true owner turns up and demands his boat back, Freda would need to deliver the boat to its true owner and claim the purchase price from George. A person who takes goods in good faith has the maximum right over it, against all, except its true owner. (b)How would the contract be affected, if unknown to both parties the boat was unseaworthy: Even though George was unaware of the unseaworthiness, it is incumbent on the part of Freda to check the details of the boat before purchasing it. In this case, Freda needs to bear the loss or make the seller make the boat fully seaworthy before buying it. (c) How would the contract be affected In the event if the boat had been destroyed by fire five minutes before the contact was made: In this case the contract is void ab initio, in that there was no consideration passing from the seller to the buyer, the object of contract- the boat- the contract is a dead one even before it is signed. Neither party has claims to its performance in a void contract. Reference List Kelly, D., et al., 2005. Business law. [Online] Routledge Cavendish, p.145. Available at: http://books.google.co.in/books?id=mSJY7eP0VBgC&pg=PA143&lpg=PA143&dq=What+is+meant+by+exemption+clause+and+what+is+new+idea+regarding+exclusion+clauses+in+contracts&source=bl&ots=m_vbltIXnN&sig=3A8iscryrQRlwtZ0pmnLVwJ_jf0&hl=en&ei=fKQYTPrzEcmRrAf01fXjAQ&sa=X&oi=book_result&ct=result&resnum=2&ved=0CAoQ6AEwAQ#v=onepage&q&f=false [Accessed 16 June 2010]. Read More

CHECK THESE SAMPLES OF Business Law Issues

Business Law Issues in Monsanto Company

The author of the present case study "Business Law Issues in Monsanto Company" primarily points out that Monsanto Company is a multinational agricultural biotechnology corporation and it is one of the world's biggest companies with regard to revenue.... business law Monsanto Company is a multinational agricultural biotechnology corporation and it is oneof the world's biggest companies with regard to revenue.... Along with the profile of the company all the ethical issues related to the company's operations and the criticism raised against such issues would be analyzed as well....
8 Pages (2000 words) Case Study

Business Law Issues of Apple

The paper "Business Law Issues of Apple " highlights that in China, the company has been exposed to patent infringement lawsuits and one of the most popular lawsuits that it is exposed to is the name of iPad which has a trademark dispute over the name of the tablet.... business law business law With the headquarters located in Cupertino, California, this is the company which is known to have the most liquid assets , and is involved in the designing, manufacturing and selling the consumer electronic devices and the related software and the services as well....
4 Pages (1000 words) Essay

Solving Business Law Issues

From the paper "Solving Business Law Issues" it is clear that the firm is liable to pay the full amount as they have authorized the agent to make the transactions without specifying any limits which come under 'vicarious liability (Booth, 2007) of the Contract Act.... a) The hotel industry is covered by Hospitality Law UK (Barth and David K), which addresses the issues relating to the hotel industry and issues arising there from.... The transport company is a service provider that is bound by the rules and regulations stipulated by the authorities and the law of the land....
11 Pages (2750 words) Essay

Australian Safeway Stores Pty Ltd v Zaluzna

issues of the case:The gasfitter knowingly did damage to the pipeline of the hotel.... issues of the case:Cameron suffered a loss of her stock due to fire.... The standard of care owed by the occupier to an entrant is simply the ordinary common law duty to take reasonable care.... She can sue Cameron in the court of law.... The law says that if emotional distress causes physical injury in this case (Sarah's skin rashes) then the claimant who suffered emotional distress can make a claim....
3 Pages (750 words) Case Study

Business Law Issues Concerning Inside Job Film

The paper "Business Law Issues Concerning Inside Job Film" discusses that generally, the ruthless affording practices of Countrywide and other home loan organizations in the sub-prime business highlight a very nearly sociopathic dismissal for clients.... I think about whether Countrywide had any issues consenting to their procedure with the strategy when they played a role in the Roundtable.... The focus of this analysis will aim at highlighting the intricate ethical issues associated with the financial services industry....
2 Pages (500 words) Essay

International Business Law Issues

The paper "International Business Law Issues" highlights that generally speaking, the major decision-making organization which is the ICJ, in this case, makes certain that all the members are able to come together in a meeting usually held each year.... Topic: International business law and Section # of Question1) Discuss the impact that the current economic downturn has had on international business law.... As envisaged by the average speculation of the MNE, the international business law is capable of playing an important role....
11 Pages (2750 words) Assignment

Future Career in Globalized World

The course on business management would prepare students to expand their current business knowledge through modules on international management, complex organizations, business law, issues in management, and even human resources management and globalization.... The essay "Future Career in Globalized World" focuses on the critical analysis of the major issues in the future career in a globalized world.... Technological innovation in the field of business is required to drive change in the highly dynamic business world....
5 Pages (1250 words) Essay

Australian Business Law Issues

The paper "Australian Business Law Issues" states that Ronald can rescind the contract on the grounds of fraudulent misrepresentation.... Australian business law 2012, (2012 Ed, 2012). ... The party to whom a fraudulent misrepresentation has been made is entitled at common law, to rescind the contract.... herefore, the law does not permit or approve of the rescinding of a contract, unless it is possible to effect precise restitution....
6 Pages (1500 words) Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us