Case of Mr A and Mr I

One party is demanding penalty for each book that was not delivered according to the contract they made. There is a point in the contract about penalties but it is written in a small print. This is an onerous term – penalty clauses - actually, he can ask for money because this condition is in the contract but it is better when such terms are written in normal size print.

Evaluating the effect of different terms and conditions

Case of Mr A and Tills Ltd

Fifteen months later Mr A noticed regular errors in the stock system and he had to hire help monthly to fix the records. Mr A claims that he is entitled to terminate the hire agreement. Mr A can claim for extra expenditures on help once a month. And Tills have to solve his problem because salesman said it would be stock control facilities for three years. Actually Tills cannot refuse Mr A to rectify the problem because it has happened after 15 months from the contract had been made. If they will refuse to help him they will breach a condition of the contract and Mr A will be able to terminate the contract.

Case of Mr A and Tills Ltd, PayPal

PayPal launches a new industry standard for online transactions which is incompatible with Mr A`s system. That made internet sales impossible, but it was the main reason why Mr A accepted salesman`s offer. Tills Ltd still refuses to update the system and Mr A wants to sue. He can sue because the salesman and Mr A have discussed trends in online ordering and salesman gave the evidence that this system is essential. Also Mr A can say that he was misled or the contract was made fraudulently.

Conclusion

In this paper I have applied the elements of contract in given business situations, applied the law on terms in different contracts and evaluated the effect of different terms.

Introduction

In this paper I will contrast liability in ort with contractual liability, explain the nature of liability in negligence and explain how a business can be vicariously liable.