Business Law Assignment 2 Case Study Essay

1147 WordsOct 6, 20145 Pages
Business Law Assignment 2 Case Study Analysis Question (a) This case study of John and Dan manifests some legal issues which need a close analysis. The first legal aspect identifiable from this case is incorporating terms by a means of appending a signature on those terms. Secondly, the element of letting the buyer be aware is manifesting itself in this case through incorporation of notice in the terms of a contract. Additionally, any jury involved in this case may be interested in looking to the standard of service offered by John. The element of negligence can also be singled out in the case. Dan notified John and this aspect may be a point of consideration in handling this case. With reference to the case of L’Estrange v F Graucob Ltd, whereby L’Estrange was supposed to fully comply with what she endorsed by signing, Dan and John’s scenario applies (Marson 2013, pp. 194). The aspect of John signing the terms presented to him by Dan regarding the potential condition that might evolve due to the design of his suit bounds him into the contract. This applies regardless of whether he read those terms written there in or not. The Law will presume that John must have read the terms before appending the signature. However, there is loophole still left out in that incorporation of terms by an act of appending a signature requires that both parties append the signature (Singh 2010, pp. 234). In John and Dan’s scenario, we only see John signing. Before Dan and John entered in to

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