Reference no: EM133233038
Question: Harry runs a clinic business. In May 2021, negotiations were conducted by Harry with C-Carrier Ltd entirely by telephone, to the delivery new piece of expensive machinery,
Harry emphasised to the CEO of C-Carrier Ltd that if the machinery was damaged in transit, it would cause delays in completing a job for University B - one of his biggest clients.
Due to the fact that the relevant C-Carrier Ltd truck driver lost control of the truck and hit a tree, the machinery was then damaged in transit.
According to police investigations, the truck driver was intoxicated at the time of the collision and, as a result, had a blood alcohol percentage that was far higher than Victoria's legal limit for fully qualified drivers.
When the (damaged) machinery was delivered to Harry, one of his employees signed a form that contained an exclusion clause. The exemption clause excluded liability for damage "caused by any acts or defaults of the carrier or otherwise". Harry's employee did not read the form.
Harry spent over $25,000 to repair the machine which also meant that Harry was one month late in completing the printing job for University B. As a result of this delay, Harry was informally advised that University B will be looking for a new printing company.
Harry estimates that this will result in a loss of over $500,000. Harry was unable to replace University B with new clients.
For the purposes of this question, please assume that the exclusion clause above does not apply.
Harry needs to determine whether he has a right to terminate the contract with C-Carrier Ltd, and whether or not that is the case. He also needs to determine whether he is entitled to damages.
(1) Does Harry have the right to terminate the contract for breach in performance, according to the law of contract?
(2) What damages can Harry claim from C-Carrier Ltd as a result of its breach of contract, according to the law of contract?
Do not discuss the Australian Consumer Law. Please refer to any relevant legal cases and/or legislation to support your arguments, and ensure that you fully explain your answer.
|
Discuss how managers can effectively motivate employees
: Motivating Employees Discussion - Discuss how managers can effectively motivate employees, individually and in teams, to meet goals
|
|
Constitution also grants many of our most basic liberties
: Explain whether the following statement from your textbook is accurate based on the Founding Fathers' writings: "The Constitution also grants many of our most
|
|
Do bear in mind industry and interaction with technology
: How would you suggest to Dove soap to work on the age of continuous connection, technological innovation and change?
|
|
Advantages and disadvantages of packet switching
: How many sensors can be supported using circuit switching? Compared to circuit switching, what are the main advantages and disadvantages of packet switching?
|
|
Does harry have the right to terminate the contract
: Does Harry have the right to terminate the contract for breach in performance, according to the law of contract, What damages can Harry claim from C-Carrier Ltd
|
|
Elements of dove soap into products-services of corporation
: Elements of Dove soap into the products/services of the corporation. Creation and operationalizing the elements, and how they support the revenue model.
|
|
How interprofessional collaboration will help reduce errors
: Explain how interprofessional collaboration will help reduce errors, provide higher-quality care, and increase safety
|
|
How should the ftc better allocate its limited investigatory
: How should the FTC better allocate its limited investigatory resources to improve U.S. cybersecurity? For example, should the FTC promote the uptake of bright
|
|
Should be the safety stock and reorder point to avoid stock
: The supplier takes a lead time of 5 days, what is should be the safety stock and reorder point to avoid stockout by 95%.
|