BUSAD 120 Lecture Notes - Lecture 14: Contra Proferentem
Document Summary
Grant v australian knitting mills ltd [1936] ac 85. Purchased underwear from company who specialised in these goods. He did imply what he was using then for, as they are underwear. Did rely on sellers judgement that they where of merchantable quality. He did not ask for a particular brand. A disclaimer is a term providing that a party will not be in breach despite failing to perform one or more of their contractual obligations. Only be part of the contract if; It is included in the signed and written contract. It was brought tho the other party"s attention or before contract was formed. It is implied into the contract as a result of prior dealings. Whether a disclaimer will effectively protect the party from liability for breach of contract depends upon: Whether the disclaimer is in fact a term of the contract, and. Whether the disclaimer will be interpreted as applying to the particular breach in question.
