Answered step by step
Verified Expert Solution
Question
1 Approved Answer
(A). Jordan in Piccadilly wrote to Alana in Hodges Bay offering to sell Alana his car for EC$20,000.00. On receiving Jordan's offer, Alana telephoned him
- (A). Jordan in Piccadilly wrote to Alana in Hodges Bay offering to sell Alana his car for EC$20,000.00. On receiving Jordan's offer, Alana telephoned him on Monday morning to accept. Jordan however, said that since such a large sum of money was involved, he wanted written confirmation of the acceptance from Alana. He said that if Alana got her letter of acceptance to him by 11:00 AM the next day (Tuesday), he would go ahead with the sale at EC$20,000.00. Alana at once wrote to him and posted the letter of acceptance on Monday afternoon at 2:00 PM, which Jordan received at 9:00 AM on the Tuesday morning. In the meantime, however, Jordan had received a better offer for his car, and wrote to Alana withdrawing his offer to her. This letter was posted on 5:00 PM on the Monday evening, and was received by Alana at 8:30 AM on Tuesday.
(a). Explain to Alana her rights under the principles of Offer and Acceptance. Give cases to back up your answer.
- (B). Alana usually takes another car to be serviced by Roffey Bros Inc. and is aware that they always get her to sign a form which states that they are not to be held responsible for any damage caused to her vehicle consequent upon the service. However, a new garage, Cheap Job Inc., has just started business and it is much cheaper than Roffey Bros. Inc. Alana decides to have her car serviced at Cheap Job Inc. As she drives her car into the Cheap Job Inc. garage, she notices a sign which states in large red letters: "THESE PREMISES ARE DANGEROUS. Clients enter these premises at their own risk and Cheap Job Inc. accepts no responsibility for any damage or injury sustained." After Alana's car has been serviced, she was driving home when it broke down. The damage to the car was later diagnosed as being caused by the fact that Cheap Job Inc.'s mechanic had failed to replace the timing belt in the engine as required in the service. On returning to Cheap Job Inc., the manager drew Alana's attention to the terms of dealing stated on a large notice prominently displayed in the foyer of the reception area, stating: "Cheap Job Inc. can accept no responsibility for any damage caused as a consequence of repairs carried out on these premises." The Manager also drew Alana's attention to the fact that the same condition was contained on the back of the receipt that Alana had signed without reading. On leaving the Manager's office, Alana was severely injured by one of the Cheap Job Inc.'s employees, negligently reversing a car into her.
(b). Give detailed legal advise to Alana as management states that they owe her no liability due to the "Exclusion Clauses" in the contract between customers and the business. citing cases as examples.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started