Assignment Law new

Assignment Law new - Quitting university, Adam established...

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Quitting university, Adam established business called ‘Adam’s Gorge Scrambling Pty Ltd’. Due to poor safety equipment, his customer Carolyn was injured during the trip. The question is whether Adam is liable for damages for breach of any contractual terms. This will depend on the contract between them. To determine for the existence of a contract between Adam and Carolyn, Li Wu, there are several legal points to be considered in both express and implied term of the contract. EXPRESS TERM a) The first issue is whether the Certificate appear to be contractual? If the certificate did not appear to be contractual , Carolyn and Li Wu are not bound by their signatures and there would be no contract. The relevant law says that a person is not bound by his or her signature if no reasonable person would have realised the document they signed was a contract as in ‘Le Mans Grand Prix Circuits v Ilidias’. Otherwise, if the certificate appears to be contractual, Carolyn and Li Wi will be bound by their signatures and cannot claim for it. In this case, Carolyn and Li Wu signed without reading, because of supposing it as a Certificate instead of a contract. Adam had neither taken any steps to bring the clause to the attention of Carolyn and Liu Wu nor misrepresented the terms. The next issue is whether the clause in the Certificate are the exemption clause?
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This note was uploaded on 11/09/2011 for the course BUS ECO 101 taught by Professor Nguyen during the Three '11 term at Monash.

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Assignment Law new - Quitting university, Adam established...

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