Yoshi v Monash Electricals - oral express terms with an exemption clause Yoshi (an IT student at Monash College) approached Jack, an experienced computer technician at Monash Electricals Pty Lto in Melbourne to replace and upgrade his laptop. He carefully explained his requirements which included: Repairing the keyboard, which is defective after accidentally pouring bubble tea Repairing the screen, which was scratched by his pet cat . . Upgrading the RAM and video card Installing an antivirus to protect his work Jack said to Yoshi: A. I promise when I install the upgrades it will be faster! B. After I fix your laptop, it will be the fastest laptop ever! Jack then advised Yoshi to carefully read the exemption clause on the notice board displayed above the counter which reads: EXEMPTION CLAUSE The seller's liability is hereby limited to performing the service again, where such liability arises out of breach of an express warranty. Yoshi, not paying attention, ignored the notice board and gave his laptop to be repaired and paid $3,000 in total. A week later after the repairs and upgrades were completed, Yoshi found a number of issues with the laptop. Although the keyboard and screen were fine, the laptop was slower and would often crash. He later discovered the RAM installed was incompatible with his laptop, and the video card was an older and inferior version than his previous video card! Yoshi argues that Monash Electrical has breached the contract and is therefore entitled to a refund! He wants to use the refund to buy another computer now that this laptop is messed up. He does not trust Jack to fix this one properly. Advise Yoshi whether Monash Electrical has breached a contract under common law. In your answer, consider the following issues: 1. What are the oral express terms of the contract? 2. Have the terms been breached? 3. Is there an exemption clause? a. Is it part of the contract? b. Does the wording protect the seller for what happened? 4. What remedy is available for the breach of term