Commercial Law Assignment 3 From Chao Class C.docx - Assignment 3 Q1 Toby can sue the gym “Muscles r US” According to the information we know Toby

Commercial Law Assignment 3 From Chao Class C.docx -...

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Assignment 3 Q1: Toby can sue the gym “Muscles r US”. According to the information, we know Toby already saw the exemption clause and also he think the exemption clause is unfair. Then the sales assistant at the gym told him that it is a standard term. As a result, Toby signs the contract. But after 3 months, Toby injured in this gym because the quality of bar is not standard even lower then the lowest Australian safety standard. It is similar with “Curtis v Chemical”, the sale assistant is misrepresented cause the sale worker changes the meaning of the contract. The signature is not agreement. And also the sale worker mislead Toby that it is a standard term, but actually the term is important. The other two case are “Esso v Marden” and “Van Den Esschert v Chappel” because the sale assistant said the exemption clause is a standard term and also it is major importance and the oral statement induced Toby to enter contract.
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