Day 5 (LAST PAPER..)


i'm praying what i studied came out.. cos i left out some parts, simply studied that tuts, hoping it'll be similar..


Exclusion clauses :- Terms in the contract which exclude liabilities for the contractor. A ticket, voucher etc, are held as non-contractual document. Exculsion clasues must be communicated before the contract is made, clauses after are deemed to be invalid. Previous dealings provides defence for defendant that the plaintiff had dealings before, and ought to have realised the exclusion clauses, thus the clauses are effective.


Termination of contract by frustration :- 4 conditions to be met; (1) supervening event causes a fundamental change, (2) neither parties caused the event, (3) the event was not contemplated by the parties and finally (4) it'll be unjust to hold the parties to contract.


Tort of negligence :- To prove neglience of defendant, the following questions must be answered. (1) is there a duty of care? (2) has the defendant breached the standard of care? (3) is the damages caused by the breach of standard of care?


knn, bet u all this i cut and paste from books one right? so be it.. dun see me down ok.. like jill always do.. haha.. love ya baby!