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Questions 1. Minors are generally able to escape liability if they enter into contracts. Critically assess the extent to the above statement is true. [25
Questions 1. Minors are generally able to escape liability if they enter into contracts. Critically assess the extent to the above statement is true. [25 marks] 2. Discuss the various ways the use of exclusion clause can be controlled. [25 marks] 3. Sanya sees an advertisement in which Chang offers some designer luggage for sale. They meet and she agrees to pay Chang his asking price of $300. Sanya tries to pay Chang by cheque but he says that he would prefer a cash payment. Sanya says 'I am the famous TV personality, Danisha Chawla, surely you will accept a cheque from me?' and shows him a document bearing the name 'D. Chawla'. Chang accepts her cheque and permits Sanya to take away the luggage. Several weeks later, Chang receives a letter from his bank telling him that the cheque from Sanya has been dishonoured. He realises that he has not been dealing with the TV personality but with someone who has a similar name. Although Chang is unable to find Sanya, he happens to see the luggage for sale in a shop owned by Elsa. He identifies the luggage by the labels attached to it but, despite a detailed explanation, Elsa refuses to give him the luggage unless Chang is prepared to reimburse her the money that she paid Sanya for it. Using case law, advise Chan and Elsa of their respective rights to ownership of the designer luggage and discuss whether is there any mistake here. [25 marks]4. Discuss the elements of actionable misrepresentation and the three (3) types of misrepresentation. [25 marks]
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