COMMON LAW

Common Law

Common Law

Task 1

1: Joes's son claim for damage caused by the socks

Joes's son has right to claim for damage caused by the socks because Bill sell him socks which are chemically dyed and cause harm to his friends skin.

2: Joes's son friends' claims for their injuries caused by the socks

They can claim because selling of socks which are chemically dyed is a crime.

3: Are there any exclusions clauses that may affect Bill's contracts?

As Bill, getting fed up with all the complaints about the suits not being 100% wool, as promised by the manufacturer “FabUlus Suits Limited”, it could be possible that manufacturer cheated him.

Standard form contracts are pre-prepared contracts where all the terms have already been set. In this case we observed:

* as a recipient of a standard form contract, where there is little or no prior negotiation. * as a provider of a standard form contract in which manufacturer and Bill have their own standard terms and conditions.

Standard contracts may contain a multitude of terms and be pages long, or can be straightforward documents which are simply designed to name the parties to an agreement along with dates, subject matter and any special requirements.

Important features

Important features of standard form contracts are that they are:

* usually written in favour of the party presenting them

* often used by large corporations, including financial institutions, which have many clients, and are typically presented for contracts involving insurance, leases and mortgages — but they are also used by the full range of business organisations

* often used as an attempt to limit liability for damages, losses or delays by the party presenting the standard form agreement, who is usually the bigger and stronger party in the contract.

Once a standard form contract is signed or accepted it is presumed to have been read and agreed to. Standard form contracts are often printed on the back of a standard business document — order forms, invoices, quotations, delivery documents — usually in fine print.

Important issues

* There is nothing stopping Bill from attempting to renegotiate the terms of the contract.

* Any changes to the terms must be presented to the other party and agreed to before the contract comes into existence.

* The other party to the agreement must be aware that it is of a contractual nature and contains terms. Otherwise, it could just be a receipt, docket or a sheet of information and not be expected to contain a legally binding agreement.

* Unfair behaviour (or 'unconscionable conduct') may also involve unreasonable pressure on small businesses by big businesses in a stronger bargaining position.

* The terms of a standard form contract cannot override terms implied by legislation, including laws relating to Joe and Alex protection.

'Battle of the forms'

Where the parties negotiating an agreement each have their own standard form - and these are exchanged - there is a presumption in law that the last form presented contains the contractual agreement between the ...