Please read the 5 case studies and answer their question accordingly.

Contract law
[Type the company name]
Contract law
Student name
[Pick the date]
ANSWER 1.
Issues:
1. Liablility of jeni hire pty ltd against the damages occu
ed.
2. Validity of clause ‘Jeni Hire Pty Ltd will not be responsible for any loss or damage of whatever nature or howsoever caused’
Tort of negligence:
A routine maintenance of the hired equipment may have avoided the fire resulting from the electric failure. The failure to periodically inspect equipment of jeni hire pty ltd has caused harm by negligence. With respect to negligence, causation and remoteness problems are generally treated separately. The main causality test is known as the 'but for' test, which simply asks whether the damage was caused, 'but' for the negligence of the defendant. The major test of negligence remoteness is a foresee ability.
In this case negligence was foreseeable by checking the condition of the equipment by jeni hire pty ltd.
Under contract law:
Consequential damages are damage arising from a failure by one party to satisfy its contractual obligations is damage which can be shown to have occu
ed. They go beyond the contract itself and into the acts garnished by the lack of fulfillment. The form of claim giving rise to the damages will affect the rules or estimates associated with a given type of damages, including consequential damages. The injury must be a probable consequence of an act in order to be paid consequential damages in a case. By including a clause specifying that neither party is liable for any special, indirect, incidental or consequential damage of any kind, including, without limitation, loss of earnings, loss due to shutdown, and loss of use or interest, among other things, the parties which restrict liability for recovery of consequential damage.
By placing a clause of non-liablity of the compnay on consequential damages, Jeni hire pty Ltd protected itself. Under contract law, James is unable to take action against Jeni hire pty ltd.
Under Common Law:
Tort Law, a 'duty of care' is a legal requirement imposed on a person who needs adherence to a 'duty of care' norm when performing certain actions that may injure others foreseeably. It is the first factor that must be formed in order to proceed with a negligent action. The complainant must be able to show a certain duty of care imposed by statute that has been violated by the defendant. In turn, violation of a duty can subject a person to additional liability. The duty of care can also be enforced by the operation of law between persons without an existing or direct relationship, which, as established by common law, may eventually become connected in some way. Therefore, the duty of care may also be called a formalization of the social contract, with the implied obligations held within a society by individuals towards others. Therefore, it is not a necessity for a duty of care to be established by statute, although it can also evolve through common law jurisprudence.
Jeni hire pty ltd can be held liable for the damages incu
ed by his negligence act and James may recover the damages.
ANSWER 2.
“ACCC should rely on Section 18 of the Australian Consumer Law (ACL) as the most relevant provision of the ACL.”
The provisions of...