country
$20 Bonus + 25% OFF
Securing Higher Grades Costing Your Pocket? Book Your Assignment at The Lowest Price Now!

BLST2BSL Introduction To Business Law And Ethics

tag 0 Download8 Pages / 1,779 Words tag Add in library Click this icon and make it bookmark in your library to refer it later. GOT IT
  • Course Code: BLST2BSL
  • University: La Trobe University
  • Country: Australia

Questions:

1. Was it a term of the contract between Peter and Animal-friendly Cobbler Supplies that the vegan leather would be all-natural?
 
2. Was there an implied term in Samantha’s contract with Peter, that the shoes will be made with all-natural vegan leather with no synthetic material/ingredients involved?
 
3.Was the colour of the sneakers’ soles a condition or a warranty of the contract?
 
4. Is Peter still responsible for the sneaker soles being the wrong colour?
 
 

Answers:

Solution 1

Issue: Whether or not term regarding the vegan leather to be all-natural present in contract between Peter and ACS

Rule: Terms and conditions of Contract

A contract is formed between the customer and the supplier when;

  • The customer accepts the offer of the supplier in writing
  • The authorized representatives of parties to the contract sign the appropriate section of details.

In a contract, the rights and duties of the parties are decided on the basis of terms and conditions agreed upon in the contract, however, the terms might either be expressed clearly on paper or in verbal form. The terms might be taken into consideration by the common law in accordance with the conduct of the parties or conditions or by legal obligations.

Express terms are the terms expressed by the parties before the formation of contract and it comprises of statements determined at the time of contract and correct classification of such pre-contractual statements is considered as significant as, remedies are provided by the law accordingly.

In context of term of contract, the parties are required to plan the contract and the promise to abide by the contract is to be made by both the parties. In Ellul and Ellul v Oakes (1972), the Supreme Court of South held that the statement in the listing of the agent was not a part of the contract and so, Elluls were not provided with the contractual remedy. The intention to create legal relations should be determined objectively in the contract.

Terms of contract are considered as expressed when they are either displayed or delivered even if not discussed between the parties in writing or though notice board and tickets. However, the appropriate implementation of the term in the contract requires that such terms must be informed about or showed to the other party to the contract before the finalization of the contract. In case of Thornton v Shoe Lane Parking Ltd (1971), the court stated that because the exclusion clause could not be considered as the part of contract, protection to the defendant could not be provided.

The implied terms are the terms that are not talked about between the parties to the contract but, might be taken into consideration by common law. In Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982), the court set out the conditions essential for implying a term, which stated that the terms must be obvious and clearly expressed.

Application: Peter and ACS entered into the contract after Peter discussed the nature of the materials sold by them. In terms of contract, it can be considered that he informed Martha about the environment consciousness among his vegan clients. He mentioned that his clients wanted shoes manufactured from eco-friendly, natural alternative to animal hide. However, he asked that vegan leather supplied by the ACS was ‘all-natural’, which can be considered as implied terms of the contract because all-natural itself explains that the shoe material must not contain any synthetic material but should be composed of entirely natural components.

Furthermore, even after no mention about the specific material to be used in manufacturing of shoes, it was explicitly clear that no synthetic material should be used as raw material.  

Conclusion: It was the implied term in contract between Peter and ACS that the vegan leather used in the shoe manufacturing would be ‘all-natural’ and nothing synthetic will be included in it.

Solution 2

Issue: Was there the existence of implied term in contract between Peter and Samantha that the shoes will be manufactured with all-natural vegan leather without any use of synthetic material?

Rule: Implied term of Contract;

In Common law, terms are usually considered as implicit or implied when it is providing full idea about the purpose of the parties. The common law can involve a term which requires the parties to perform the conditions mentioned essentially for the contract to be accomplished effectively. However, sometimes, the courts might inquire about that if the parties have specifically decided to the term while creating the contract i.e. known as ad hoc implied terms in the contract.

Application: Samantha ordered a pair of customized black boat shoes from Peter made of vegan leather. After a few days, Samantha called Peter and threatened him to sue him. According to her, within minutes of her putting on the shoes, she got infected with painful red patches and blisters on her feet. Samantha was allergic to synthetic colours due to which she was infected.

It was not implied by Samantha when she made the order for the shoes that she was allergic to some kind of chemical or the material of the shoe should be all-natural and even she did not discuss about the material being used in manufacturing of the shoes.

Conclusion: There was no implied term in contract between Samantha and Peter that the shoes will be manufactured with all-natural vegan leather without any use of synthetic material.

 

Solution 3

Issue: To find out whether the colour of sneakers soles is a condition or a warranty of the contract?

Rules: Condition V/s Warranty of Contract

Under the contract of sale, there are certain conditions that need to be fulfilled as it is demanded by the contract. Conditions are a part of terms of contract which may be expressed in written or oral form. The terms of the contract are of two types implied and expressed. Expressed terms are those that have been discussed prior to the conclusion of the contract. Implied terms on the other hand are those that are implied by law or a statute.

Warranty is a promise that is offered by the business to the other party. According to the Australian Consumer Law, once the consumer buys the product or service this promise becomes the right of the consumer that can be enforced. There are different forms of warranties like

Common warranty under which the business makes extra promises which are generally related to the quality or standard of products.

Manufacturer’s warranty also called warranty against defects under which the business promises either to fix the problem or defect related to the product or the replace it with another one or to compensate for the loss.

In the case of Interfoto Pictures v Stiletto Visual Programs 1989, it was ruled by the court that in order to imply a condition, it is important to bring it in the notice of the customer and also to make it clear.

Application

Geoffrey had clearly mentioned to Peter about the colour of the sole which was supposed to be white and hence, this can be considered as expressed terms of the contract. Condition of the contract of sale is something that is pre discussed and hence, the business is expected to accomplish the demands of the customer according to the rules. The sign that read as “We accept no responsibility for breach of any warranty” does not mean that Peter cannot be held responsible for the wrong colouring of the sole of sneakers as the colour of the sneaker as discussed earlier falls under the conditions of contract and not as warranty of contract.

Conclusion: This can be regarded as breach of contract and not breach of warranty.

Solution 4

Issue: Whether Peter is responsible for the wrong colour of the sneakers soles.

Rules: Terms of Contract

Every contract has terms and conditions which marks the rights as well as responsibilities of both the party involved in the contract. Conditions of the contract are usually pre discussed as they are demanded by both the parties. There are two types of conditions or terms of the contract and they are, expressed terms and implied terms. Expressed terms are those terms that are pre discussed between both the parties before the conclusion of the contract. Second is the implied terms that are not explicitly mentioned but needs to be followed like any common law or through a statute. The terms of contract can be written or verbal. It is important to fulfil the demands mentioned by the customer discussed during the time of the contract.

Warranty is something that is voluntarily promised by the seller to the customer which is related to the quality of the product and services. Warranty and conditions of the contract are different things. In the case Ellul and Ellul v Oakes 1972 the Supreme Court of South Australia gave the decision that the condition, pre discussed before the conclusion of the contract is a part of the contract and needs to be fulfilled.

Application

Peter here is clearly responsible for the wrong colour of the sneakers soles as according to the terms and conditions of the contract, Geoffrey had already mentioned that he wanted white colour soles. But, Peter failed in this and gave him caramel coloured sole. And on the basis of this, Geoffrey can complaint against him as he failed to fulfil the pre discussed conditions of the contract.

 

References

ACCC, 2018. Entering into a contract. [Online] Available at: https://www.accc.gov.au/consumers/contracts-agreements/entering-into-a-contract [Accessed 31 August 2018].

ACCC, 2018. Offering warranties. [Online] Available at: https://www.accc.gov.au/business/treating-customers-fairly/offering-warranties [Accessed 31 August 2018].

ACCC, 2018. Standard terms and conditions. [Online] Available at: https://www.accc.gov.au/system/files/ACCC%20standard%20terms%20and%20conditions.pdf [Accessed 31 August 2018].

ACCC, 2018. Warranties. [Online] Available at: https://www.accc.gov.au/consumers/consumer-rights-guarantees/warranties [Accessed 2018].

ACL, 2013. Ellul and Ellul v Oakes (1972) 3 SASR 377, Supreme Court of South Australia. [Online] Available at: https://www.australiancontractlaw.com/cases/ellul.html [Accessed 31 August 2018].

ACL, 2013. Interfoto Pictures v Stiletto Visual Programs 1989) QB 433. [Online] Available at: https://www.australiancontractlaw.com/cases/interfoto.html [Accessed 31 August 2018].

Australian Contract Law, 2018. Terms of a contract. [Online] Available at: https://www.australiancontractlaw.com/law/scope-terms.html [Accessed 31 August 2018].

Bayer, 2018. Terms and Conditions of Sale. [Online] Available at: https://www.bayer.com.au/au_terms-conditions-of-sale.php [Accessed 31 August 2018].

Carter, J.W., 2013. Contract Law in Australia. LexisNexis Butterworths.

Clarke, J., 2013. Ellul and Ellul v Oakes. [Online] Available at: https://www.australiancontractlaw.com/cases/ellul.html [Accessed 31 August 2018].

Clarke, J., 2013. Terms of a contract. [Online] Available at: https://www.australiancontractlaw.com/law/scope-terms.html [Accessed 31 August 2018].

Clarke, J., 2013. Thornton v Shoe Lane Parking Ltd. [Online] Available at: https://www.australiancontractlaw.com/cases/thornton.html [Accessed 31 August 2018].

Queensland Government, 2014. General Contract Conditions. [Online] Available at: https://www.hpw.qld.gov.au/SiteCollectionDocuments/GeneralContractConditionsV2.pdf [Accessed 31 August 2018].

Small Business Development Corporation, 2018. Contracts and agreements. [Online] Available at: https://www.smallbusiness.wa.gov.au/business-advice/legal-essentials/contracts-and-agreements [Accessed 31 August 2018].

OR

Cite This Work

To export a reference to this article please select a referencing stye below:

My Assignment Help. (2019). Introduction To Business Law And Ethics. Retrieved from https://myassignmenthelp.com/free-samples/blst2bsl-introduction-to-business-law-and-ethics.

"Introduction To Business Law And Ethics." My Assignment Help, 2019, https://myassignmenthelp.com/free-samples/blst2bsl-introduction-to-business-law-and-ethics.

My Assignment Help (2019) Introduction To Business Law And Ethics [Online]. Available from: https://myassignmenthelp.com/free-samples/blst2bsl-introduction-to-business-law-and-ethics
[Accessed 06 June 2020].

My Assignment Help. 'Introduction To Business Law And Ethics' (My Assignment Help, 2019) <https://myassignmenthelp.com/free-samples/blst2bsl-introduction-to-business-law-and-ethics> accessed 06 June 2020.

My Assignment Help. Introduction To Business Law And Ethics [Internet]. My Assignment Help. 2019 [cited 06 June 2020]. Available from: https://myassignmenthelp.com/free-samples/blst2bsl-introduction-to-business-law-and-ethics.


Dissertations often become fearful to complete if the deadlines are tight and your entire writing part is left. There are many things to follow like presenting the facts and information. Writing abstracts, methods and discussions and creating the entire bibliography need tiresome hours. Even after that your paper may get rejected owing to plagiarism, not following the conventions of writing and others. Since you cant take chances, the best option is to hire our tested experts at Myassignmenthelp.com. They have over 10+ years of experience in providing excellent approval worthy dissertation.

Latest Business Law Samples

GSP165 The Law And You

Download : 0 | Pages : 5

Answers: Answer to Question 1: A contract is an agreement between two parties, which is binding by law. The parties entering into the business has certain rights and obligations under a contract (Law, 2016). According to the Contract Law, an offer is regarded as a proposal made by one person to another person for doing an act or abstains the person from doing so. The person making the offer is called the promisor and the person receiving the ...

Read More arrow Tags: Singapore Management Digital Media Technology University of Singapore 

LAW335 International Business Law

Download : 0 | Pages : 10
  • Course Code: LAW335
  • University: Charles Sturt University
  • Country: Australia

Answer: 1: Issue: The issue associated with this case is that whether Terence is at the authority to terminate the contract with Sara. There is an issue regarding the fact that whether Terrence can sue Peter for breach of contract. Law: Termination of contract takes place when the agreement formed between the parties is no longer recognized by the application of law (Bankins 2015). In this regard, it is worth noting that termination o...

Read More arrow

BLO1105 Business Law And Justice

Download : 0 | Pages : 12
  • Course Code: BLO1105
  • University: Victoria University
  • Country: Australia

Answers: Answer 1(a) Issue: Was there any contract formation between Avinash and the café? What are the essentials of a valid contract? Relevant law  There are four major essentials that determine the validity of a contract. These major essential elements of a valid contract are: Offer Acceptance Consideration The intention of creating a legal relationship Offer: An offer can be referred to as a statement of expr...

Read More arrow

CLWM4000 Business And Corporations Law Assignment

Download : 0 | Pages : 6
  • Course Code: CLWM4000
  • University: Kaplan Business School
  • Country: United States

Answer: Introduction: It is to be determined whether a valid contract was formed between The Bolton Connect Pty Ltd and Rofi in relation to the chosen case study considering the clause of unconscionable conduct According to Knapp, Crystal & Prince (2016), it can be said that action or statement will be considered to be unconscionable conduct if it is unreasonable and defies good conduct. However, it is to be stated that that this provision ...

Read More arrow

LL4303 Public Law

Download : 0 | Pages : 10
  • Course Code: LL4303
  • University: Kingston University London
  • Country: United Kingdom

Answer: Introduction The constitution is explained to be the set of legal rules and regulations that govern the relationship between the ruled and the ruler in a state. It is said that the United Kingdom does not have a detailed constitution like any other country. It is recognized as the “so-called” Constitution of The United Kingdom. It has the principles and laws of the country. The United Kingdom has an uncodified or unwr...

Read More arrow
Next
watch

Save Time & improve Grade

Just share Requriment and get customize Solution.

question
We will use e-mail only for:

arrow Communication regarding your orders

arrow To send you invoices, and other billing info

arrow To provide you with information of offers and other benefits

1,331,859

Orders

4.9/5

Overall Rating

5,076

Experts

Our Amazing Features

delivery

On Time Delivery

Our writers make sure that all orders are submitted, prior to the deadline.

work

Plagiarism Free Work

Using reliable plagiarism detection software, Turnitin.com.We only provide customized 100 percent original papers.

time

24 X 7 Live Help

Feel free to contact our assignment writing services any time via phone, email or live chat.

subject

Services For All Subjects

Our writers can provide you professional writing assistance on any subject at any level.

price

Best Price Guarantee

Our best price guarantee ensures that the features we offer cannot be matched by any of the competitors.

Our Experts

Assignment writing guide
student rating student rating student rating student rating student rating 5/5

755 Order Completed

95% Response Time

Douglas Cowley

Masters in Finance with Specialization in Audit

Wellington, New Zealand

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

798 Order Completed

97% Response Time

Benjamin Blakeman

MSc in Medical Technology

London, United Kingdom

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

1896 Order Completed

95% Response Time

Herman Berens

MSc in Psychology

London, United Kingdom

Hire Me
Assignment writing guide
student rating student rating student rating student rating student rating 5/5

752 Order Completed

100% Response Time

Hugh Cleave

Masters in Human Resource Management (MMgt, HRM)

Wellington, New Zealand

Hire Me

FREE Tools

plagiarism

Plagiarism Checker

Get all your documents checked for plagiarism or duplicacy with us.

essay

Essay Typer

Get different kinds of essays typed in minutes with clicks.

edit

GPA Calculator

Calculate your semester grades and cumulative GPa with our GPA Calculator.

referencing

Chemical Equation Balancer

Balance any chemical equation in minutes just by entering the formula.

calculator

Word Counter & Page Calculator

Calculate the number of words and number of pages of all your academic documents.

Refer Just 5 Friends to Earn More than $2000

Check your estimated earning as per your ability

1

1

1

Your Approx Earning

Live Review

Our Mission Client Satisfaction

The assignment was really awesome and I had recived a really good marks and i passed on HD on this course.

flag

User Id: 323650 - 06 Jun 2020

Australia

student rating student rating student rating student rating student rating

i received the work without plagarism so i am very thankful that you are doing best work

flag

User Id: 417750 - 06 Jun 2020

Australia

student rating student rating student rating student rating student rating

i received my file with the best work without plagarism so i thankful to my assignment help that they provide me best work

flag

User Id: 417750 - 06 Jun 2020

Australia

student rating student rating student rating student rating student rating

Was very helpful. Some part was missing before but they respond me very quick and fixed it. Very satisfied with the service they provide and assignment also Thank you

flag

User Id: 438386 - 06 Jun 2020

Australia

student rating student rating student rating student rating student rating
callback request mobile
Have any Query?