What is the difference between express and implied terms? Use examples to support your answers. What are the criteria a term must satisfy to be implied? Richard agrees to survey land owned by Barbara. The contract consists of a statement by Richard that he will charge $700 and an agreement by Barbara to pay this amount. What terms would be implied in the contract? Why is the decision in Associated Newspapers Ltd v Banks (1951) 83 CLC 322 of importance to our study of contract law? And how does this decision differ from NEWS Trams v Ulna Park?
What s illustrated in Dunlop Pneumatic Trees Co Ltd v Selfridges (1915) AC 847 in relation to consideration? The doctrine of promissory estoppels is illustrated in Walton Stores v Maier (1988) 76 ALARM 513. What are the essential elements in promissory estoppels as seen in Walton Stores. What concepts are discussed in Beseech v Beseech (1968) AC 58? , and how is this different to Trident General Insurance Co Ltd v Eminence Brow Pity Ltd (1988) 80 ALARM 574? In order for a party to rely on an exclusion clause, what must they show? Cathy wishes to establish a contract for cleaning of her tablecloths for her newly opened restaurant, Catchy Cuisine.
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She took 50 white linen cloths to the nearest store, Dry Cleaning Services Pity Ltd to be cleaned, in order to test out their service. When she went to the store to collect the cloths, several of the cloths had orange stains all over them. They were ruined. Ten of the cloths could not be found at all. The cashier said: ‘It’s not our fault. It says so right on your ticket. ‘ On the back of the ticket was printed the following clause: ‘The company will not be held liable for any damage to articles left for cleaning, whether caused by the negligence of the servants or agents of the company or otherwise. ‘ Advise the parties.