10. 11. 12. 13. 14. Do contracts need to be in writing to be effective? How conclusive are written terms in a contract? When can evidence outside the contract he introduced in a dispute? Distinguish between conditions and warranties. What is the appropriate remedy for breach of each type of term? What are exclusion and limitation clauses, and what do they do? What factors must be present for a court to allow an exclusion clause is to operate as intended? Can you think of contracts where the terms are implied? Think about your contracts from the last week. What approach do the courts take to exclusion of limitation of liability clauses in consumer contracts? Discuss the differences between representations and terms of contract. What types of representations might not be considered part o'fa contract? What is the effect of signing a contract? Define and list the requirements for a valid collateral contract. Helda wanted to buy a highquality toaster and approaches Hardly Normal electrical store. She discussed her requirements with Claudine who recommended the Desko toaster. She said that it was a highperformance appliance that came with a veyear guarantee. When Helda arrives home she nds that guarantee in the toaster box was only 'for one year. What can Helda do about it? Enzo regularly parks his car at a multi-storey car park. Each morning after he has taken a ticket from the dispensing machine, he drives past a notice which states that the company that operates the car park is not responsible for any damage to his car no matter how it is caused. His car is damaged as a result of what is a clearly negligent act on the part ofthe operators. Would he be able to sue the operator of the car park at common law? Fritz, a drycleaner, told Gretel that her precious and valuable wedding dress was safe with him and that it would come back looking 'like new\". He gave her a docket and told her to return three days later. Gretel found that the dress was looking very much the worse than when she gave it to Fritz. He apologised telling her. 'lt's my apprentice. He is hopeless. Anyway. I cannot help you look at the ticket, which says all care but no responsibility.' Gretel looks at the ticket and found, in the smallest and palest print possible, a statement to that effect. Advise Gretel of her rights at common law. 15. 16. Kenny went to a fashionable restaurant and ordered a steak dish. He specified that it must be well done. The waiter brought a steakwhich was very red. Kenny refused to accept it. He demanded to see the chef, Lorraine, who explained that she does not believe in 'murdering the meat.' Kenny stormed out of the restaurant and refused to pay for the dish. Lorraine, who is equally angry, is considering whether she could sue him. What do you think? Dawn entered into a written contract to purchase a second-hand vehicle that Emma had previously described as a 1997 Volkswagen. In fact, it was a 1995 Volkswagen, and therefore, was worth $500 less than the price Dawn paid for it. The written contract made no reference to the age of the vehicle. What remedies are open to Dawn