Tuesday, May 5, 2020

Business Law IRAC Method - Get a Complete Solution

Question: Discuss about theBusiness Lawfor IRAC Method. Answer: Issue Whether Barry can successfully sue the hiring firm for damages or not? Rule Australian Contract Law and Consumer Law Application Exclusion clause has been regarded as the clause which was frequently printed down and which states that one party to the agreement would not be accountable for some accomplishments. The said clause would be applicable as protracted as they have been appropriately incorporated in the agreement and were not opposing to the rule (Legal Services Commission of South Australia, 2016). As it has been mentioned briefly that in order to be valid an exclusion clause must be: Accurately has been included in the agreement by way of a note; if the section narrates to carelessness, it would be entirely apparent, etc. In the matter of Thornton v Shoe Lane Parking Ltd (1971) 1 All ER 686 it was affirmed that if the exclusion clause was only brought to the notice of the buyer after the procurement then it would not be applicable. To be official in this matter, the exclusion clause should have been on the sign board which the driver would have seen before buying the tickets (Dangelo Legal, 2014). In the matter of Curtis v Chemical Cleaning Co [1951] 1 KB 805 it was concluded that the cleaners have no right to break away from the accountability for the hurt which has been caused to the fabric of the clothing by depending upon the exclusion section because its extent had been tainted by the respondents supporter (Law Teacher, 2016). In the another case of Parker v South Eastern Railway (1877) 2 CPD 416 it was upheld that if an individual who established that he did not see the receipt or did not know that there was any letters printed on the receipt then he was not bound by the stipulations which has been mentioned. Conclusion Therefore, it can be concluded that Barry can claim for the damages by suing the hiring firm which had caused personal injury to him based on the observation in the case of Thornton. References Dangelo Legal. (2014). Validity of Exclusion Clauses in Contract Law. Retrieved on 16th October2016 from: https://www.dangelolegal.com.au/news/validity-exclusion-clauses-contract-law/ Law Teacher. (2016). Exclusion Clause Cases. Retrieved on 16th October2016 from: https://www.lawteacher.net/cases/contract-law/exclusion-clauses-cases.php Legal Services Commission of South Australia. (2016). Exclusion Clauses. Retrieved on 16th October2016 from: https://www.lawhandbook.sa.gov.au/ch10s02s06.php

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