Problem Question Essay Example | Topics and Well Written Essays - 750 words

Problem Question - Essay ExampleOn her complaint to the comp both, regarding her problem, the latter stated that they were non liable, as per clause 4 of their terms and conditions.In the context of contracts, a number of obligations, relating to the common law have been transformed into statutes. The cardinal in berth of such code is provided by the implied obligations that emerge from the Sale of Goods Act 18931 and the Sale of Goods and Supply of Services Act 19802.The Sale of Goods and Supply of Services Act 1980, serves to regulate exclusion clauses that are unreasonable, in Ireland. The case law is partial to the tenet that a fundamental contractual breach cannot be circumvented, via an exclusion clause3. On the other hand, doctrine supports the stance engendered by the English case lawIn Partridge v Crittenden, the court held that an advertizement was equivalent to an invitation to treat5. Nevertheless, this is not sacrosanct and there are exceptions, wherein an advertiseme nt was deemed to be an offer. An instance of this is available in Carbolic Smoke Ball. In this specific case the defendant had argued that the advertisement determined by it in the newspaper was not to be deemed an offer. This was not accepted by the court on account of the fact that the plaintiff had complied with the stipulations of the defendants advertisement6. As such, in our problem, the advertisement placed by the More Movies Ltd constitutes an offer.A service provider has to exercise reasonable care and skill, in the course of carrying out the contract. This was stipulated in the rulings in Samuels v Davis7 and Allen v Bushnell TV Co and Broadcast News Ltd8.The issues addressed by the court in cases like the Parker v SE Railway, are whether the society had been aware of the conditions had any proper notice been given, in this regard if so, whether the party knew that the notice contained such writing If the party was aware that there was writing on the document, then the p arty receiving the