IssueIn this case, Avinash is a regular customer of a local café providing self service facility. On e day, he ordered for cappuccino- and for the first time, a Danish pastry. When he bit into pastry, he felt something hard that broke his tooth. When he noticed the chewed part, he found that threw a piece of metal.  He complained for this and asked for compensation for dental repair then the managers expressed regret and denied for compensation by directing him to the ticket he had received which on its reverse side, there was a clause. According to this clause, the café will not be responsible for any injury to customers by consuming food or drink sold. In such situation, it was issue to decide whether it was a valid contract or not between Avinash and café to decide the liability of the café for the loss. Rule According to Contract law, different elements namely offer; acceptance, legal aspects, competent parties and legality of object, certainty, etc. are considered to develop a valid contract. It is required to have all these elements while forming a contract, which can be enforced in terms of validity and legality. If these elements are not considered, a contract is regarded as a void contract or cannot be enforced legally. In order to formulate a valid contract, one party needs to give a lawful offer and other party needs to accept that offer in legal way. Parties need to be competent physically and mentally to develop a legal relationship (Vettori, 2007). Both parties must have conscious intention and free consent to enter in the contract without any external force. There should be legality in the objects of the contract agreement with certain terms and conditions. ApplicationIn given case, Avinash gave order for cappuccino- and a Danish pastry to cafe and café offered this order at price of $7.50. All the conditions were provided on ticket as it was in written form also. However, Avinash did not notice the clause stated on the reverse side of ticket. In this case, both parties were competent physically and mentally and completed the order. In this case, all essential elements of a valid contract are involved because of presence of offer, acceptance, certainty, conscious intention, object legality, legal consideration and proper communication between the offeror to the offeree. However, it was individual fault of Avinash to not to notice the clause given the reverse side of ticket.  But due to involvement of all elements, this contract will be considered as a valid contract. Conclusion On the basis of the contract law, it can be stated that there is a valid and enforceable contract between Avinash and Café as it involves all the required elements of a valid contract. b. Determination of Café’s liability in relation to Avinash’s injuryIssueIn the given case, café provided low quality food to Avinash as a consumer that resulted in his injury in form of tooth breakage. It is also noticed that when Avinash asked for compensation for this loss, the manager of the company refused because there was a clause in the ticket that the café will not be liable for any loss to the consumer on the consumption of food of café and rink. In such situation, issue is whether the café is liable for the loss to Avinash on consumption of its food and drink. RuleAccording to Consumer law, consumer can be defined as the person who uses the goods with the approval of the buyer. The consumer buys the goods for consideration. At the same time, exclusion clauses are clauses that state that there is no liability for one party any happening to another party (Howells & Weatherill, 2017). These clauses can be valid if they have been incorporated in the contract and are not contrary to law. But these clauses should be legal means there are some obligations of the seller to the consumer and cannot be excluded as per the Sale of Goods Act 1895. It advocates for the conditions of fit for purpose and merchantable quality.  A seller will be liable if he/she breaches a fundamental term of a contract (Asmat & Tennyson, 2014). If there is a willful misconduct by the seller, then this law protects the consumer. It is the duty of trader to provide adequate quality of the product to the consumer. ApplicationIn the given case, Avinash is a consumer as he consumed the food offered with the approval of the café. Apart from this, the consumer protection act can be applied in this situation as the café cannot avoid the liability to the consumer in relation to the quality of the food which it provides. In this case, tooth of Avinash broke due to insufficient care by the workers of café who made pastry; it will be liable in spite of the exclusion clause printed on ticket. Even, the café manager did not make the customer or Avinash aware about the exclusion clause. It can also be supported by the case of Thornton v Shoe Lane Parking Ltd. (1971) 1 All ER 686, in which court ensured the liability of the parking company even on the back of ticket, an exclusion clause was printed regarding no liability for cars left on their premises. It is because there was insufficient care done by the parking company (Bar-Gill & Ben-Shahar, 2013). Courts consider the exclusion clauses as the narrowest reading possible as it is more favorable for the consumer to get the damages. ConclusionBased on the above mentioned law and legislation, it can be concluded that café will be liable for the injury to Avinash as it ignored the quality of its products that resulted in the harm to the customer. So, it is the liability of the café to pay the damages or compensation to Avinash for tooth repairing. Task 2: Differences between express and implied termsThere are two sorts of terms in contracts called as implied and express terms to make the included parties to play out their obligations and duties in like manner. Express terms can be characterized as the terms, which are considered by the parties at the time of defining an agreement. These terms are said in written or oral structures amid the arrangement of an agreement. The impact of express terms is to authorize every single included party to go about according to these terms for maintaining a strategic distance from any breach of agreement in future (Appleman et al., 2016). On the opposite side, implied terms are built into the agreement as an issue of the standards and controls under the law in various occurrences, for example, by statue, by customary law, by custom or trade utilization, and so forth. Business contracts incorporate statuary implied terms in sale of goods acts 1979 and the supply of goods and services act 1982. These terms have impact without express terms. An agreement can fit into one of two classes: express contracts and suggested contracts. An express contract delineates the guarantee that was made between the parties in understandable and convinced terms. An implied contract, then again, is one that leads the parties to trust that an agreement exists in view of the practices of those included. An agreement to buy a house is a decent case of express contract utilize. It is because there are particular components to the agreement that are obviously communicated and, if pleasant, are approved clearly by the buyer. The components of an express contract incorporate the offer, the acknowledgment of that offer, and a common agreement between the parties in relation to contract terms (Armstrong & Vickers, 2012). A few contracts essentially occur because of condition, and those agreements are alluded to as implied contracts. In the given case, express terms are related to offering of order by café at $7.5, but implied terms are that the products offered by the café should be of quality and should not harm the consumer. Express contract is a legally reliable contract that includes the terms which are expressed in oral or written way. In order to meet the express terms, it is required to offer to be made by one party and another party should accept this offer. In order to decide the validity of the express contract, a court needs to scrutinize the interchanges that are framed between the parties while developing the contract. An express contract is an agreement with unmistakably stated terms (Vettori, 2007). This varies from an implied contract, which is an agreement that is accepted to exist in light of the practices of those included. The terms that are unequivocally characterized inside an express contract incorporate the amount of merchandise conveyed (or particular services rendered), and additionally the time period amid which the transaction is required to occur. The acknowledgment of an express contract must be unequivocal, which implies that it must adjust precisely to the terms offered in the agreement. If party consents to the agreement yet hope to alter its terms and conditions somehow, at that point that party isn’t unequivocally consenting to the agreement, and is rather hoping to develop a counter-offer. Once a counter-offer has been formulated, at that point the agreement never again qualifies as an express contract (McKendrick, 2009). But, express terms do not consider all terms applied of the understanding. In particular situations, the court implies terms into a contract for the business adequacy to the contract. On the other hand, terms might be implied as an issue of law. In other words they are inferred as a matter of policy and used as application to all agreements. Additionally terms might be implied as a matter of fact. In other words, it can be stated as an issue of development of the assumed interests of the parties in a contract. In the case of Foley v Classique Coaches Limited (1953), it is identified that an implied term was applied within the matter of fact. If it is right to imply such terms, then this term can be implied in the particular condition. If it is sensible, then this term will be applied by the court in a case. For instance, in case of Trollope and Colls Ltd v North West Metropolitan Regional Hospital Board (1973), the court declined to imply a term because it was not sensible to apply this term in a harsh contract. If there is a conflict between express terms and implied terms then implied terms cannot be applied to the contract. For example, in the case of Martin Grant and Co Ltd v Sir Lindsay Parkinson and Co Ltd, the Court of Appeal refused to apply an implied term in a construction subcontract. It was declared by the court that the key contractors will make adequate work accessible to the sub-contractors for making sufficient progress and implement their activities in a productive and monetary way. At the same time, the fundamental contractors ought not block or counteract the sub-contractors in the execution of the sub-contract works (Hughes, 2012). It is required by the parties to trade something or value or have a loss to make an express term substantial in a court. It is because this term binds the parties to the contract terms with the expectations of holding up the completion of their work to win rewards or avoid any loss. This term is fulfilled by the parties by paying the money in exchange of the product delivered or service provided by another party (Kelly et al., 2013). For instance, an express contract is framed when one party offers to install new refrigerator in the other party’s home for the payment of $1,000 showing clear terms. One party is getting an installation of refrigerator, and the other party is paying a reasonable sum for that offering. Such understanding can be good to prove an express term in a court effectively. 


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