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Contract law:remedies available to Susan - Essay Example

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Facts of the case in brief Susan suffered damages to her Jasmine Nursery due to spray of week killer by an employee of SVCC.The paper seeks to analyze her case for possible remedies from SVCC or Point-Dux the manufacturer of the spray…
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Contract law:remedies available to Susan
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Download file to see previous pages Facts of the case in brief Susan suffered damages to her Jasmine Nursery due to spray of week killer by an employee of SVCC.The paper seeks to analyze her case for possible remedies from SVCC or Point-Dux the manufacturer of the spray. Legal Premise/background of the case Under the doctrine of privity of contract, only the parties to a contract have rights or obligations under that contract. But, there are exceptions and remedies available to people as this principle may result into hardships in some cases. Contract law deals with the enforceable agreements, and the breach of contract causes damage. In the case of Susan, she has no contractual rights arising out of a pre-existing agreement. But, contract law encompasses any law or regulation directed toward enforcing certain promises, which could be implied in nature. Australian contract law is primarily regulated by the 'common law', but over the period of time statutes have increasingly been playing supplementary role in the common law of contract - particularly in relation to consumer protection. Implied terms of the contract should be given due consideration notwithstanding the fact that they have not been discussed by the parties or referred to in a contract. They may be implied at common law or by inference of the statutes. Nationally consistent implied terms regime have emerged in this area. Keeping in tune with the developments, schedule 2 of the Competition and Consumer Act 2010, previously named the Trade Practices Act 1974 of the Australian Consumer Law contains provisions in this regard. Damages for breach of contract can be viewed as a 'substitute' for performance. They are designed to address the hardships suffered and put the plaintiff in the originally intended position had the contract been performed. Punitive damages are not available in respect of contracts. The loss claimed must not be too remote from the breach and the non-breaching party must do what is reasonable to reduce (mitigate) the damage they suffer. Based on these grounds, this paper analyse the case to suggest the possible actions that could be taken by Susan against SVCC and/or Point-Dux for damages and the consequent financial losses. Points for discussion Having established the premise/background of the case, we need to analyze the background in detail with regard to the legal aspects concerning: Risks involved in the operations of SVCC (weed killer spraying) Turbulent winds as a cause for damages and its relevance Knowledge, capability and expertise of Wally, an employee of SVCC Negligence including contributory negligence Negligent misstatement Vicarious liability of the employer Legal position of the manufacturer, seller and buyer The liability for damages Analysis The risks involved in the operation are many-fold which includes health and environmental hazards. Study of various existing laws related to the case is essential to understand the government’s policy with regard to the use of chemicals, as it is very important to build up the case. For example, Proposal 18 (NICNAS, 2006, p.8) of the Existing Chemicals Program Review seeks to increase NICNAS’s legislative powers to ban certain high hazard/high risk industrial chemicals to aid in the protection of the Australian people and the environment. Therefore, in line with the government’s policy, the SVCC is expected to take necessary precautions and entrust the responsibility to an employee who is capable of handling the process without causing any damage to third party or the environment. Are the turbulent winds a part of the problem?  Wind turbulence is caused by the large trucks or tractors moving in great speed through the air. Displacement of air in such movements causes wind turbulence. Only the other passengers on the road may be nervous about the passing trucks due to its buffeting effect on their vehicles. This is normal in highways, and the persons experienced in this field are expected to take this factor into account while spraying to avoid the ...Download file to see next pagesRead More
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