Case study business law Example | Topics and Well Written Essays - 2000 words

Business law - Case Study Example For an adequate notice, all that is important is reasonable steps be taken b the proferens in bringing the exemption clause’s contents and existence to the notice of the individual that the clause is to be used against before or even during the time that the contract is entered into. When we take a look at the Balmain New Ferry Co v Robertson case, we find that it is without doubt that the requirement can be fulfilled by b the placement of the exemption’s terms on a notably displayed sign which would possible be seen by any normal or reasonable individual before or even during the time that they enter into the contract. A good case in instance is, Thomas v Shoe Lane Parking Ltd. Application: The board at the supermarket which had the readings ‘Nice to look at, Good to hold on, once broken considered sold,’ acts as a binding contract between Charles and the Bob Supermarket. It is clear that the supermarket met all the requirements to take care of its items a nd the clients as well. The clients or and any other person entering the supermarket is well made aware of the rules within the supermarket and any possible consequences once they are broken. Charles cannot claim to have not seen the notice as it is publicly displayed and should be seen by any reasonable individual. Conclusion: Therefore, the Bob Supermarket is right to ask Charles to pay for the broken tins of milk as there was sufficient notice to the clients as regards what is to be done within the supermarket or even how to interact with the items. Q2: Can Charles succeed in his claim against the Bob Supermarket for the poor quality of the phone and the poor photo taking quality? Discuss express and implied terms both under common law and the Sale of Goods Act 1986. Issues: Is the promise made by the Bob Supermarket to Charles bound by any law, or can it be considered legitimate? Principle: Past consideration cannot be considered to be a valid consideration (they are considered limited cases of exceptions where consequent promise would actually be binding). A good case in instance is Roscorla V Thomas. Consideration should be given to the actual promise that is given by the offerer. The consideration has to be simultaneous with the contract. Application: Exception usually come up where there will be a proper consideration if the offeree promises to make the payment and then consent to make a decision on the terms later; Servises that are offered at the request of the party making the promise, in conditions that come bring about an implication that a payment should be made for them; consequent promise might turn out to be binding in a contract of minors. Decision: There was no consideration since the contract had actually already been made before making the promise. This was therefore a past consideration. No breach of contract happened here as the promise made b the Bob Supermarket was not a compelling or valid consideration. Q3: Discuss whether the Bob Su permarket can use the exclusion terms effectively to protect themselves from Charles’ contract breach claims? Discuss using both common law principles and the Competition and Consumer Act 2010. Issue: The issue here is whether the warranty given was done before or during the time that the contract was entered or made by the parties. Judgment: The consumer protection constitutes organizations