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

Problem Question - Essay modelingOn her complaint to the company, asking her problem, the latter stated that they were not 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 instance of such codification is provided by the implied obligations that emerge from the sales agreement 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, ism supports the stance engendered by the English case lawIn Partridge v Crittenden, the court held that an advertizing was equivalent to an invitation to treat5. Nevertheless, this is not sacrosanct and there are exceptions, wherein an advertisement 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 placed by it in the newsprint was not to be deemed an offer. This was not accepted by the court on account of the fact that the complainant 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 armed 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 corresponding the Parker v SE Railway, are whether the party 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, wherefore the party receiving the