thomas is a tomato farmer. In 2005, he ordered 50 kg of tomato seed from the same seed sellers he had been doing business for years. The seeds arrived with invoices which included a clause (term) excluding all liability for any loss or damage, and limiting the sellers’ liability to an obligation to replace the seed or repay the purchase price, which in this case was $600. The tomato seeds were planted and proved to be the wrong type which was poisonous. Thomas incurred a loss of $20,000. Thomas is contemplating legal action against the seed sellers.
Advise Thomas on the possibility of the laws he could use to succeed in a claim against the seed sellers. 700 words
question 2 :
Jones, a 70-year old blind and illiterate widower, entered into an agreement with his son, Paul, under which if Paul were to take care of him in his old age until he dies, Jones would leave his house (worth $1 million) to Paul. Three days later, Jones’ nephew, Albert, went to see Jones and got him to sign a document which Albert claimed was a transfer of the house to his son Paul. Jones, not being able to read the document, trusted his nephew and signed it. The document was in fact a transfer of the house to Albert. Albert subsequently mortgaged the house to the bank and has fled. Jones died a week later. Now the bank wishes to seize the house because Albert has defaulted in payments.
Advise Paul if he can have the contract between Jones and Albert set aside, and thereby claim the house. 700 words
each question must have:
-rule of law
question no 1 rule of law: reasonableness
case: george mitchell v finneyy lock seeds (1983)