Essay: Commercial Law

Module / Subject / School:

Commercial Law

Requirements: 

What we score:

70%

Our Writer’s Comment 

Step 1: Advise Gillian on Bella’s Statement and Implied Terms

Start by addressing Gillian’s situation regarding Bella’s statement. The key legal concept here is misrepresentation—whether Bella’s statement can be considered a false representation that induced Gillian into the contract. First, explain the elements of misrepresentation: it must be a false statement of fact, made by one party to another, which induces the other party to enter into the contract. You’ll want to analyze whether Bella’s statement meets these criteria.

Next, discuss implied terms. Contracts often have terms that aren’t expressly written but are implied by statute (like the Sale of Goods Act) or common law. For example, if Gillian purchased a gown based on Bella’s advice, there may be an implied term about the gown’s suitability for a particular purpose. You could explore whether Bella’s statement could form an implied term about the quality or fit of the gown, and how this might influence Gillian’s legal position.

Step 2: Exclusion Clause – Can The Wedding Gown World Rely on It?

Now, move on to advising The Wedding Gown World about the exclusion clause. This is where you’ll need to apply your knowledge of exclusion clauses, which are terms in a contract that seek to limit or exclude liability.

First, look at whether the exclusion clause is incorporated into the contract. Did Gillian have reasonable notice of the clause before entering the contract? For example, was the clause clearly displayed or communicated to her? If it was hidden or not properly highlighted, it may not be enforceable.

Second, examine whether the clause covers the specific liability in question. Courts often interpret exclusion clauses narrowly, especially when they exclude liability for misrepresentation or breach of implied terms. Discuss whether the clause is reasonable and whether it complies with statutory protections like the Unfair Contract Terms Act (UCTA), which limits the ability of businesses to exclude liability for certain breaches or misrepresentations.

Step 3: Apply Legal Principles and Conclude

To wrap up, you need to apply these principles to the facts of the case. Could Gillian argue that Bella’s statement amounted to a misrepresentation, or that there were implied terms breached? And can The Wedding Gown World rely on the exclusion clause, or is it unenforceable due to lack of notice or the reasonableness test under UCTA?

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