Answer Guide Q1 p178 CACL

Answer Guide Q1 p178 CACL - Answering Hypothetical Law...

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Answering Hypothetical Law Problems This guide to answering problem questions is posted so that students develop an understanding of what we expect when you answer a hypothetical law problem. To get maximum benefit from such a guide, students should (a) read the advice on methodology in the introductory section of CACL and (b) attempt a draft before looking at this one. Guide to answering Question 1 CACL p178 In advising Jill of her rights to sue for the damage done to her car and the loss of her laptop we need to consider two issues: first are either or both of the exclusion clauses included in the contract? This is sometimes referred to as the incorporation question. Second, if so, does the clause (or do the clauses), as a matter of contractual interpretation, exclude or limit Bilson’s liability for the breach? (I am assuming that Bilsons (as an employer) is vicariously liable for the acts of its employee and is therefore the one Jill would prefer to sue). 1. The incorporation issue. Where the contractual terms are not contained in a written document signed by the parties, the basic question is whether the person seeking to rely on the exclusion clause has given reasonable notice of the clause to the other side: Baltic Shipping . This is an objective test – in other words, the question is whether a reasonable person would say that, in these particular circumstances, Bilsons has given reasonable notice.
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  • Spring '13
  • Jill

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