Parththeepan Balasingam
Student ID XXXXXXXXXX
Portfolio- week5
John was told and made to believe that the wine would be stored at the right conditions. The Wine cellar hand has reassured him.
The exclusion clause on the contract to take no liability for the damages to the wine while it is in their storage was given to John only after a week.
Cited – Watford Electronics Ltd v Sanderson CFL Ltd CA (Gazette 03-May-01, Bailii, [2001] in this case it was held that the defendant could not escape liability because of the exclusion clause as it tried to exclude the implied condition and usual expectation from the customer.
In this case it is not only an implied condition that the wines will be stored in good condition but ve
ally reassured. The Exclusion clause in this case
Cannot be relied upon and therefore the wine cellar is liable for the damages to the wine.
Bibliography
vobiscum, l., March 20, 2019. swa
.co.uk. [Online]
Available at: https:
swa
.co.uk/watford-electronics-ltd-v-sanderson-cfl-ltd-ca-23-feb-2001
[Accessed XXXXXXXXXX].
ACBUS201A Commercial 1
Assessment Event 1 – Portfolio
As detailed in the Subject Guide, portfolio activities are due by 12noon the day following the relevant
class, using the link provided on the subject Moodle from weeks 3-11. No extensions are available.
Student portfolio activities are marked each week as follows:
• 0 marks – the student did not attempt the activity.
• 0.5 marks – the student attempted the activity, with a superficial or incomplete response.
• 1 marks – the student made a genuine attempt to address all activity requirements.
Portfolio Activity #5 – Week 7
Frank is a financial advisor who regularly holds investment and superannuation
seminars which people pay to attend, after which they often become his clients.
The seminars are held in the ground floor of his office building which has been
converted especially for the purpose. The audio visual system was supplied and
installed and is maintained by AllTech Pty Ltd which is very familiar with the
usiness ca
ied out by Frank.
Unfortunately, the audio visual system has stopped working and Frank contracts
AllTech to repair it. AllTech informs Frank and it is agreed, that components will
have to be replaced and that will take 3 days. As a result, Frank cancels and
eschedules 2 seminars for the following week. Due to AllTech’s e
ors, the audio
visual system actually does not work for a further 28 days.
Frank sues the company for damages and claims loss of profits for the further 25
days of seminars that were cancelled. In addition, 3 of the seminars were to
feature Paul Clitheroe, Chair of the Financial Literacy Board and Frank had
expected to earn an additional $15,000 from ticket sales.
What damages is Frank likely to recover and why?
Note: for full marks on this task you must cite a case using Harvard AGPS,
including an in-text citation.
ACBUS201A portfolio #5 week 7 v1