Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

2. Contractual liability and disclaimers Central to running a successful modern nursery is allowing people to wander the grounds to inspect and then purchase the

image text in transcribed
2. Contractual liability and disclaimers Central to running a successful modern nursery is allowing people to wander the grounds to inspect and then purchase the different plants and gardening products. However, Mei is worried about the potential liability of Sakura Garden Supplies Pty Ltd if someone is injured at the nursery. The specific risks are related to the operation of different hydroponics in several greenhouses and outdoor gardens. Then there is the hustle and bustle of many shoppers and stock deliveries throughout the day. When doing online research into potential liability for any injuries suffered by customers, Mei found a website that stated she can potentially exclude her liability via a disclaimer (also known as an exclusion clause or exemption clause). Mei proposes to exclude her liability by putting a disclaimer on a sign inside the entrance gate at the nursery. Mei drafted the following disclaimer on a sign based on her internet research and plans to create a small sign placed inside the nursery: 'Sakura Garden Supplies Pty Ltd is not liable for any injury or loss suffered by customers while on these premises. Customers and visitors assume all associated risk and liability. Enter at your own risk!' In Part C.2 of your report you must advise Mei on the following matters: 1) Identify the commercial purpose of a disclaimer. 2) Advise Mei whether her proposed disclaimer is legally enforceable under the common law of contract. Your answer must be supported by common law of contract legal principles and cases. Do not discuss statute law. 3) Using your answer to question 2 advise Mei what changes she can make to ensure the disclaimer is enforceable under the common law of contract. 400 words - 10 marks

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Algebra 1, Volume 2

Authors: Edward B. Burger, Juli K. Dixon, Steven J. Leinwand, Timothy D. Kanold

Student Edition

0544368185, 978-0544368187

More Books

Students also viewed these Mathematics questions