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Showing posts with the label commercial law

Implications for Guarantees and Unconscionable Conduct

  The Importance of Guarantees Guarantees are an integral part of any business transaction. They provide a sense of security and trust between the consumer and the business. A guarantee is a promise made by a seller to the consumer that the product or service being sold will perform as described or a refund, repair, or replacement will be offered. This promise is not just a marketing strategy, but a legal obligation. However, not all guarantees are created equal. Some may be limited, only covering certain aspects of the product or service. Others may be full, covering any potential issues that may arise. It's essential for businesses to clearly communicate the terms of their guarantees to avoid any potential misunderstanding or legal issues. What is Unconscionable Conduct? Unconscionable conduct is a term used in law to describe a statement or action so unreasonable that it defies good conscience. This typically refers to situations where one party to a transaction has a significan

Price v Spoor [2021] HCA 20 - CONTRACTING OUT OF STATUTORY LIMITATION PERIODS

  Understanding the Price v Spoor [2021] HCA 20 Case The case of Price v Spoor [2021] HCA 20, a recent decision by the High Court of Australia, has significant implications for contracting out of statutory limitation periods. This case has brought to light the complexities involved in contractual agreements and their intersection with statutory laws. The Background The case revolves around a loan agreement between Mr. Price and Mr. Spoor, wherein the former loaned $500,000 to the latter. The terms of the agreement stated that Mr. Spoor would repay the loan after a year, with an annual interest rate of 60%. However, Mr. Spoor failed to repay the loan within the stipulated time, leading to the dispute. Contracting Out of Statutory Limitation Periods One of the key aspects of the case was the question of whether parties can contract out of statutory limitation periods. In this case, the loan agreement contained a clause which stated that Mr. Spoor could not plead the statute of limitation