Assignment Task
ASSIGNMENT QUESTION
Part A: Case Summary Identify and summarise one (1) Australian case that applies or discusses the signature rule. The selected case m. be later than 2010 and NOT one that has been set for weekly readings. Your summary should include:
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• identifirebon of the issue; • explanation of how the court uses/disresses/applies the signature rule in deciding the relevant contractual dispute.
Part B: Problem Question
Anastasia was interested in setting up h. fashion design busineu online. She needed to update her computer in order to sufficiently mark. and conduct her business, so she approached Ethan who had a computer software busin.s. After some discussions and negotiations, Anastasia agreed to purcha. the latest model of Apple computer available on the market (all of her other devices were Ma. and the wanted consistency) and arranged for design-specific programs to be developed to suit her business needs.
Anastasia had some concerns about the compatibility of Ethan’s designer software with her Apple comp.er as her fashion friends had warned that some bespoke programs don’t always work with Ma.. During the negotiations she rei.d these concerns with Ethan who .id: ‘1 guarantee that the programs 1 design for you will not only be comp.ible with all other programs and operating sysrems, but it will also be virus-resistant.’ Happy with that assurance, they agreed an a price ($5000 for the computer and another $3000 for the software). Ethan then gave her his standard form contract for signing. Anastasia agreed to pay $1000 as a deposit upon signing, with the balanre to be paid upon delivery. The contract conreined references to the ma. and model of the computer, the price, delivery date, and payments, but it contained nothing about the software’s capabilities. Clause 5 stated: .1 promises other than those expressly stated by the agreement were to be excluded,
N. long after receiving the computer, Anastasia began to work on an important design for a client using one of Ethan’s specifically designed programs, and the comp.er crashed. Frustrated she took the comp.er to her local ‘computer doctor’ who advised her that the programs installed by Ethan were completely incompatible with Apple comp…, thus reusing the crash. On top of this, there was evidence that the programs contained viruses which erased her hard drive and all her design ideas.
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