Question
Not only does Rod love listening to music, he likes to play musical instruments. In addition to his drum kits, he also has almost 50
Not only does Rod love listening to music, he likes to play musical instruments. In addition to his drum kits, he also has almost 50 guitars. He decides that he needs more storage. Rod visits Steve's Storage Solutions and speaks to Steve. Steve recommends the 'Ultimate Shed'. The Ultimate Shed is top of the range, has lots of shelving, and has top quality finishes. Steve says that he can deliver and install the shed for Rod. Rod tells Steve that it is very important to him that the shed is waterproof and has good temperature control, as his guitars are very special to him and he must be able to maintain a consistent temperature and humidity level. Rod asks Steve if the shed is waterproof, and Steve replies, 'Yes, absolutely.' They continue to discuss the details of the shed. The next day, Steve sends Rod an email outlining the details of the shed. The text of the email contains the size specifications of the shed, the details of the shed materials and what is included in the shed kit, and the price. There is no specific mention of the shed being waterproof. After the details of the shed are set out, the email says: Please see the terms and conditions attached to this email. If you agree to purchase this shed, and you agree to the attached terms and conditions, please confirm your acceptance by replying to this email. Rod receives the email, and reads through the shed specifications. He notes that the email refers to terms and conditions. He sees the attached pdf document labelled terms and conditions, but he does not open the attachment or read the attachment. He simply sends a reply email to Steve confirming the purchase. Clause 5 of the terms and conditions says: Steve's Storage Solutions is not responsible for any loss, injury or damage caused as a result of the installation of any product by Steve's Storage Solutions where that installation has been is in accordance with the manufacturer's instructions. Steve installs the shed at Rod's house. When installing the shed, Steve did not use the authorised screws that came with the shed kit, but instead used his own cheaper screws to save money. Rod moved all of his guitars into the shed. Unfortunately, that night there is a huge rain storm. Water has come through the screw holes in the shed, and has flooded the shed and damaged the guitars. Rod is very angry. He calls Steve the next day and says 'you told me the shed was waterproof. I trusted you. My guitars are ruined!' Steve says, 'I'm sorry Rod. But there is nothing written in the contract saying that the shed is waterproof. And besides, did you see Clause 5 in the terms and conditions. I think you will discover that I am protected from any liability relating to the installation of the shed.' Using relevant legal principles of contract law, discuss: a) whether the statement regarding the waterproofing is a contractual term? b) whether Clause 5 will protect Steve from any potential liability in this situation? You should answer these questions using the IRAC problem solving method. write in 1000 words
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