Business Law Analysis of Contract Case Study - 2061 Words

AB107 Business Law Written Assignment Advise whether the terms of the Licence Agreement apply and whether the Exclusion of Liability clause is valid and effective in protecting UcanB007 from liabilities. [pic] The foremost issue pertaining to this case is that of whether the terms of the License Agreement are part of the contract between Ah Siong and UcanB007, and hence the enforceability of the terms should Ah Siong decide to sue UcanB007 in contract for his losses. Due to the nature of this case being that of a shrink-wrap license agreement, there is contention regarding the point in time when the contract was formed, which clearly affects the incorporation of the terms and thus the term’s legal efficacy. Adhering to the key†¦show more content†¦Whether the terms are part of the contract depends if they are incorporated. This brings up the issue of contemporaneity and reasonably sufficient notice. Firstly, following the reasoning earlier, the terms of the agreement (which is attached and specified to be read before the opening of the package, upon which the software licensing contract is formed), would hence be considered to have had notice given before the contract formation. Thus, contemporaneity is satisfied. However secondly, in this case, the steps taken to bring the notice to the attention of the purchaser Ah Siong was not adequate. UcanB007 might claim that by bolding and having the word â€Å"attention† in caps meant to bring the user to notice the agreement, but the notice referring to the terms being printed in inconspicuous font on the envelope, was very much contrary to Lord Denning MR’s statement regarding sufficient notice in Thornton v Shoe Lane Parking Ltd. Furthermore, the licence agreement is tucked away in the fold of the envelope holding the installation disks. To a reasonable person, the fold of that envelope would not be a place expected to contain contractual terms. It could be disputed that practical considerations prevent vendors from disclosing full legal terms with [/on] their products[4], but it is notable that there were no other reasonable attempts (i.e. on the coverShow MoreRelatedContract Analysis: Case Study1500 Words   |  6 PagesCase Study 2: Contract Analysis Case Study 2: Contract Analysis Liberty University Business Law – BUSI561 Betzaida Aponte Abstract In the contract analysis of Case Study 2, we find what looks like a legal and ethical issue at play. This analysis will cover answers to the following questions: 1. What should you do about continuing to do business with Marshall? 2. 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