Tutorial answerss...docx

Exercise 84 barry decides to hire some ladders and

Info icon This preview shows pages 35–40. Sign up to view the full content.

View Full Document Right Arrow Icon
Exercise 8.4 Barry decides to hire some ladders and planks from a local equipment hiring business to enable him to paint the exterior of his house. When he collects the hired goods, he is asked to sign a hiring agreement. Barry asks the employee of the hiring firm why he has to sign an
Image of page 35

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
agreement, to which the employee replies, "It is just for insurance purposes". Barry does not read the form, but signs it as requested by the employee. Whilst Barry is using the equipment, one of the ladders collapses due to the fact that the rope that prevents the ladder from collapsing is badly worn, and Barry is seriously injured. When Barry recovers and tries to sue the hiring firm, his attention is drawn to a clause on the back of the printed hiring agreement (which he signed when he collected the goods) in the following terms: Barry seeks your advice as to whether he can successfully sue the hiring firm for damages. "The hirer accepts no responsibility for personal injuries suffered by persons using our equipment during the period of hire, irrespective of whether such injuries are caused by breach of contract, negligence or any other cause whatsoever." The issue is to establish whether Barry is bound by the agreement, in particular the liability condition, which Barry signed without reading. If a person signs a contract they will be bound by all of its terms. This applies whether or not they have read or understood it. This rule is known as the signature rule, as demonstrated in the case of L’Estrange v Graucob Ltd. When a signature to a condition, purporting to exempt liability, is obtained as a result of misrepresentation (innocent or otherwise) the party making that representation cannot rely on the exemption. This is seen in the case of Curtis v Chemical Cleaning & Dyeing Co. The exclusion clause does not assist the company because it was accompanied by an oral misrepresentation: ‘it’s just for insurance purposes’. Furthermore, Barry can successfully sue the hiring firm for damages given that condition is misrepresented. Tutorial Nine - Implied Terms, Capacity, Formalities     Exercise 9.1 Read Parker & Box, pp 181-185 and complete the table below: 1.
Image of page 36
Topic 7Express terms specified by... 1. 2. 3. 1. Topic 9Implied terms imposed by... Parties to the contract by negotiation Courts (common law) 3 ways Types of implied terms? Legislation (Statute) Example? REVISION: Types of express terms? 1. Past dealings 2. Business efficiency 3.
Image of page 37

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
    47 Exercise 9.2 Common law implied terms (Parker & Box, p 181-185) 1) Each of the following cases provides an example of the court’s willingness to imply a term in the parties’ contract for specific reasons. State the facts of each case, and the reason why the court implied the term. a) British Crane Hire Corp. Ltd v Ipswich Plant Hire Ltd when you hire a crane you have to look after it. Doesn’t have to tell a person to look after it.
Image of page 38
Expected not to be stolen or damaged. Industry will assumed that you will pay for the damage.
Image of page 39

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 40
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern