The machine specified above and any express

The
three ways in which exclusion clauses are incorporated into contracts at common
law is by signature, by reasonable notice and by course of dealings. In
incorporation by signature, the terms are included in a document at the time of
the agreement although they may even have not read them. One example is L’Estrange
v Graucob Ltd 1934. L’Estrange purchased cigarette machine from Graucob which
was defective, but the agreement had an express clause stating that ‘This
agreement contains all the terms and conditions under which I agree to purchase
the machine specified above and any express or implicit condition, statement,
or warranty, statutory or otherwise not stated here in is hereby excluded ‘.
The Court of Appeal held that Graucob was binding as long as the term was in
the contract and L’Estrange did not correctly read the agreement and signed.
The second is incorporation with reasonable notice, which can be included in
the contract when the party is informed about it and really knows what it is.
An example of the above clause is Parker V South Eastern Railway (1877) 2 CPD
416. Parker paid to leave his bag in a cabin of South Eastern Railway (SER). On
his ticket and in the wardrobe, SER had been advised that he would not be
responsible for any deposit that would exceed 10 pounds in value. The bag
exceeded the 10-pound cash and was lost. He claimed that he did not notice the
wardrobe notification and thus did not read the terms that were written on his
ticket, but he believed it was evidence of his deeds. Ser claimed that it does
not matter if Parker had read the notification from the ticket because a party
of it could be committed by contract regardless of its terms. They also said
they did what they could to bring customers’ attention to the conditions. The
judge took the decision that Parker was not bound by conditions he did not read
because he was insufficient. Parker would be bound if he knew the terms were
printed on his ticket and would be obliged to provide the committee with
satisfaction that he had been given adequate notice. The last one, incorporation
is with course of dealings. When members agree previously on the basis of the
exclusion clause but are incorporated into a later agreement.  Spurling V
Bradshaw 1956 1 WLR 461 is the example of exclusion clause.  Bradshaw sent to Spurling 8 barrels of orange
juice to keep them in his warehouse. Spurling sent Bradshaw his proof of the
storage conditions. One term that was in the clause was that it was not
responsible for any damages caused by their carelessness. Bradshaw delayed
giving the money to Spurling and so he took an action to collect the amounts
due. The orange juice broke down and was no longer useful, so Bradshaw refused
neglect. Bradshaw reported that Spurling was careless and violated the serum to
take care of the butt because he let them out and the orange juice was vitiated.
He also claimed that he did not qualify for the exemption clause and that
Spurling would not be able to rely on it. ?n the other hand, Spurling refused
to neglect and said the clause came to Bradshaw and was clear in its meaning.
Although Spurling did not accept that they were negligent, they could rely on
the exception clause to avoid responsibility. The exemption clauses are used to
protect the individual only when he performs his contract.

Part D

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A
binding agreement is in the form of a written agreement between two or more
persons, which has the essential elements of the contract but requires both a
capability and a legal purpose. The essential elements of a contract are its
proportionate obligations (offer and acceptance), terms and valuation. The
proportionality of the obligation is divided into tender and acceptance. The
offer is when a contracting party proposes some kind of exchange with another
party. Acceptance is when the obligation agrees with the terms of the bid. Certain
terms imply that the terms of the contract are precise and that it is for the
court to be in a position to examine the bargain and to determine the
obligations of the parties. Examined what the parties agree to exchange. The
exchange must be in value, but it does not need to be a material or monetary
element. Examination can be an action that no one is legally obliged to
undertake. The parties must be able to conclude a contract and its purpose must
be lawful because otherwise the contract may not be considered binding. An invitation
to treat is when a customer calls contractors to offer him. On the other hand,
an offer is when the customer offers work in a job without advertising the job.
For example, when the customer finds work on the internet, it is usually an invitation
to treat rather than an offer. The offer only arises when the customer examines
the tenders he has received from the contractors and selects a tender. Making an
invitation to treat rather than an offer protects the customer from finding his
own who agrees to a contract that he can not fulfill. On the contractor’s
offer, the customer may refuse for various reasons. This can be a very
important protection for the customer who makes the offer if the job advertisement
offers a long distance, for example through the newspaper or the internet. You
always know that each website, advertising makes it clear that it is a request
for invitation to treat and not for an offer.

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