class notes - oct 11 - sale of goods cont and cypress v dawe group

Class notes - oct 11 - sale of goods cont and cypress v dawe group

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P 11 – Supplement – how to answer questions on exam Assume reader knows no law!!! Be very explanatory. Mid Term covers up to and includes Misrepresentations last case is examinable (Crozman V Reuseh). Conclusion is not as important as is identifying the ISSUE, and explaining the LAW, and explaining the APPLICATION. Apply to facts, outline potential arguments that EACH party might raise. For a CONCLUSION based on the LAW. ISSUE: do x and y have a contract? CONC: based on my above reasoning…h Group Presentation What is required of an exemption clause make it to be binding? The offeror must take reasonable steps to bring the exemption clause to the attention of the offeree. Offeror must ensure is has specifically drawn the exemption clause to the offeree attention has accurately stated its legal effect to the plaintiff before he signs it. Cathcart Succeeded because the clause in the contract only exempted Purolator from damages rising from delay, not from a complete failure to deliver. The courts have taken the view that exemption clauses should be very strictly construed
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Class notes - oct 11 - sale of goods cont and cypress v dawe group

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