Contract law - Case study.

Authors Avatar
Both the parties in the question have come to a problematic situation which is complicated to resolve. Friend's of the Forest (Friends), represented by Christabel, is involved in a commercial trade with Paper Supplies Pty Ltd (Paper) which is represented by Dee.

A contract needs four essential elements to exist. In the situation, it is obvious that the four elements are satisfied. As the details are not fully provided, it is arguable as to when the contract was formed which will affect the legal rights and obligations of both parties.

The first main issues to be discussed regarding the contract is whether is the exemption clause binding and enforceable, is the document contractual in nature, and was the exemption clause a term of the contract.

It is arguable that the contract was formed only after the goods and delivery note had been delivered, and Christabel retained the goods without making any objection to the conditions on the note. But this did not mean that all conditions contained in the note were terms of the contract. It was not possible for Christabel to negotiate the terms in the document as it was delivered by the driver and is reasonable to assume that the driver is not an agent of Paper. Thus, Christabel could not negotiate the terms with Dee.1 Nevertheless, Christabel did sign the document which will become binding as the fact that a person that has signed a document is strong evidence that the person has agreed to be bound by it. In the case of L'Estrange v F Graucob Ltd, Mrs L'Estrange signed a document containing an exemption clause without reading it. The court held that Mrs L'Estrange had signed the agreement and therefore was bound to it. In the situation, regardless of whether Christabel has read the terms of the document, the signed agreement has been signed by her and therefore she is bound to it.

A possible exception is that Christabel can argue that the contract was already formed after the negotiations and it was before the document containing the clause was presented. To prove this, Christabel has to prove that it was a fully oral contract which was formed right after the negotiations where the four essential elements of a contract already exist. Following that, Christabel has to argue that the document did not appear to be contractual. In D J Hill and Co Pty Ltd v Walter H Wright Pty Ltd, the negotiations were conducted entirely by telephone and when the goods were delivered, Hill's employee signed a form which contained an exemption clause. The document signed was regarded as a delivery docket and that when they signed it; all they were doing was acknowledging delivery. Christabel can argue that she was merely acknowledging delivery.

Apart form that, issues in the contract involves both explicit and implicit terms as well. In the negotiation stage, Christabel explains the importance the high-quality recycled paper which is not treated with chemicals of the product to Dee. As Friends is an environmental organisation, it is essential that the products they sell are environmentally friendly products. Dee is aware of this as he claims that Paper was entirely supportive of Friend's ethos. As the contract was done to provide those goods to a third person and not for personal, domestic or household use, the Goods Act Part I apply. Although twenty boxes were to be used for Friend's own office, it is not included within personal or household use but business use.
Join now!


Although there was no written document on the terms, the oral representations are still binding as the terms are conditions which go into the root of the contract. Paper has breached the terms of the contract as problems arose when some of the paper was found to be thick, coarsely textured and heavily impregnated with chemicals. As the terms are conditions, breach of those terms can allow Christabel the remedies of termination of the contract and/or damages. Christabel has the rights to terminate the contract where the parties are relieved from all future obligations and there is no ...

This is a preview of the whole essay