QUESTION ONE: (CONTRACT LAW)

Sam is a painting contractor who decides tohiresome ladders andplanksfromalocal equipment hiring business toenablehimtopainttheexteriorof a client's home.Whenhecollects the hiredgoods, heis askedtosignahiringagreement.

Prior to signing the hire purchase agreement, Sam asked whether the planks would be delivered in the next 3 days as his client urgently needed him to start on the job. David, the store manager, replied, "That should not be a problem- our deliveries are always on time."

The following conversation then transpired between Sam and David:

Sam: "Would the scaffolding boards be able to withstand a weight of at least 100 kg as I intend to place some of my other heavy equipment on the scaffolding board next to me while I work?"

David: "Yes certainly- This brand of scaffolding board is sourced from ABC Holdings, a well-known manufacturer in Turkey and can withstand weight of at least 120 kg.

Sam: "Could you please provide these boards made of Southern Yellow Pine instead of Northern Green Pine although I note that they are both of the same quality? It's just that I notice the Yellow Pine creaks less when I'm standing on it and is less distracting to me. I also like the colour yellow."

David: "That's not a problem."

Sam then briefly read through the document and noted there were terms and conditions in it. However he noted the various verbal promises made to him by David above were not included in the hiring agreement. Sam also noted that at the back of the hiring agreement, the particular term below was highlighted in bold.

The term read as follows:

"Thehireracceptsnoresponsibilityfor defective equipment as well aspersonalinjuriessuffered by personsusing our equipment during theperiod of hire,where defects and/or injuries arecaused bybreach ofcontract."

Sam asked whether the term above applied to the particular planks he was purchasing, to which David replied, "No- Rest Assured, the planks are NOT covered by the above term." Sam felt comforted on hearing this andsigns the agreementas requested.

When the planks were delivered, they were delivered 2 weeks late and much to Sam's disappointment, none of the verbal promises about the features the boards had were honored. In addition, whilstSamwasusingtheequipment,oneoftheplankscollapsesduetothe fact that thesafety featurethatpreventstheplankfromcollapsingis badlyworn out,andSamis seriouslyinjured.

WhenSamrecovers andtries tosuethehiringfirm,hisattentionisdrawn by the hiring businessto the term (in bold above) at theback of theprintedhiringagreement(whichhe hadsigned) and he was informed that it applied to all planks sold in the store.

QUESTION:

Samseeksyouradvice, using the IRAC format,astowhether he would be able to successfully sue under Contract Law only, using the topic of 'Contract Terms'. Discuss all possible arguments available on the facts.

MUST use the IRAC method (Issue, Rules, Application, Conclusion) to the problem scenario.

Answer rating: 100% (QA)

Issue Sam a painting contractor hired ladders and planks from a local equipment hiring business Verbal promises made by the store manager were not inc... View the full answer