You work as a junior clerk for Ikkelbod, Dwyer & Summ, Accountants. The senior partner of the firm, while conducting an Audit has encountered two difficulties. He placed two different problems on your desk which are representative of the difficulties he has discovered. The extent of the client’s tax liabilities will be dependant on the validity of the transaction in each case. He requires you to research these problems and give him all legal options which he in turn can then advise the respective clients with. The partner has requested this information in the form of an opinion.
[An opinion is an essay which covers all of the relevant legal issues and researches the relevant legal precedents. Based on this research an indication is made what may be the most advantageous path for the client to take. All relevant legal information must be provided to the client, to enable them to make an informed choice.]
(a) Mrs S drives into the entrance of Watson’s multi–story car park at 4.55 pm. She takes a ticket from the dispensing machine. This ticket has printed on it a black metallic strip that records the time, and the legend:
“By accepting this ticket the holder is bound by the terms and conditions of the contract.”
Mrs S enters the car-park. On the first floor she finds a large sign which states the terms of the contract. One of these terms is that any car left after 5 pm. will be charged $50.00 regardless of length of stay. Mrs Smith does not like this idea and attempts to leave the car-park; there is however a line of cars exiting and her departure is delayed by 10 minutes. At the pay kiosk the attendant tries to charge Mrs Smith $50.00 for her stay. Mrs Smith refuses; she claims a contract was not formed.
Could you briefly set out what you would consider Mrs Smith’s legal argument for her claim would be under common law? How would Watson’s Multi-story Car-park attempt to counter this claim?
2007-05-10
01:54:04
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3 answers
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asked by
Patel Ajay A
1
in
Law & Ethics