Hi, I would like to get help with part b on exemption clause whether Chantel have the rights to terminate the contract. Could there be a breach of condition which is implied to provide for a working sauna?

8130 PM Wed 3 Feb '3) O 55% I Required Consider the following situations separately and independently a) Chantal wants to claim against Zen for breach of contract. Bearing in mind the terms of the contract mentioned above, advise Giantel how she may be able to argue that there was a breach of contract. Chantel does not want to continue with the contract and does not want to pay the remaining 50% of the contract price. Advise Giantel whether she is entitled to terminate the contract assuming breach of contract by Zen in relation to the installation of the device has been established. As a result of this incident, Victor and Karen, the two directors of Zen, had the following discussion on how they could protect Zen against liability for such incidents in the future projects undertaken by Zen' 1St set of statements :- Victor : Karen, all the contracts which Zen enters into are in writing and signed by our clients I think we should include a clause in all these signed contracts to exempt Zen from liability in the event of a breach of the contract. It is also very important that we make sure that the clause is highlighted in bold print and is printed in big font In this way, we ensure that the clause is part of the contract 2nd set of statements :- Karen : Agreed The clause must also exempt Zen from liability for death or personal injury. Look at what happened to Chantel. That was so scary for us! I think we can exempt death or personal injury as long as the wording of the clause covers those losses. 8130 PM Wed 3 Feb (a) O 55% I Seminar 5. Contents of Contract 2 - Exemption Clauses. BU8301 Discussion Question, 1Feb 2021 at 5:52 PM NANYANG TECHNOLOGICAL UNIVERSITY NANYANC BUSINESS SCHOOL BU8301 FUNDAMENTALS OF BUSINESS LAW OF CON Question 1 Gwantel is a firm believer in the health benefits of regular sauna usage She signed a contract with Zen Contractors Pte Ltd (Zen) for the construction of a sauna and an adjoining bathroom (for use after sauna therapy) in her home. The contract price was S$350,000 of which Chantel had to pay 50% on signing of the contract and the balance 50% one month after completion of both the sauna and the bathroom, The contract only stated the price and payment terms as aforementioned, the physical specifications of the sauna and the bathroom to be built, including the materials to be used and the dates for completion being 1 March 2018 for the sauna and 1 April 2018 for the bathroom. Zen completed the sauna as required on 1 March 2018, When Chantel used the sauna on 2 March 2018, she keyed in the correct temperature settings but the sauna overheated drastically suddenly, Chantel fainted because of the excessive heat, By the time Chantel regained consciousness, she was severely dehydrated and had suffered some bums, She had to be hospitalised. In addition, the overheating damaged the entire system in the sauna and as a result, the sauna could no longer be used. She subsequently discovered that the device for the regulation of temperature in the sauna was the correct device but it was not properly installed by Zen resulting in the device malfunctioning