Negligence Case

The main issue from this case is if Tina can sue Ali Sports Sdn Bhd for negligence. The two parties that involved are Tina, who is the plaintiff while Ali Sports, who is the defendant in this case. The first sub-issue that we will discuss is if there is a contract in this case. Three main components are needed to prove that if there is a contract between the parties which are offer, acceptance and consideration. (Cheryl, 2012) In this case, that is an offer when Tina went to the shop with the four new purchased badminton racquets to have the racquet strung with correct “tension”. Besides, there is an acceptance while Ali Sports had accepted the stringing work from Tina. Then, when Tina went to collect her racquets and paid for the charges, it is a consideration. Therefore, it is proved to have a contract in this case. Contracts are separated into two types which are signed contractual document and unsigned contractual document. Therefore, the next issue that we will discuss is if it is a signed contract or unsigned contract. Signed contract which means that in the absence of fraud or misrepresentation, party signing is bound and it is irrelevant if party has read the document or not. However, there are exceptions in signed contracts as well which is misrepresentation and Non Est Factum, which means a person who signed contract did not know what he was signing. (Cheryl, 2012) On the other hand, unsigned contract does not matter if it is signed, as long as reasonable person would not find terms in it then actual notice of exclusion clause have to bring to attention of signatory for example tickets and signs. Besides that, reasonable steps must be taken to bring notice to other party. () In this case, it proved to be an unsigned contract because Ali Sports had placed a sign on the wall behind as well as giving Tina a docket with the same words that written on the sign.

Whether there is a term in the contract? In this case, there is express term because Tina had stated that her racquets must have the racquets strung at the correct ‘tension’ which means that Tina had mentioned clearly what service she wanted before the contract is made. Other than that, there is an implied term in this case also. Implied term is established within a particular trade or profession contracting parties may regard them as being bound by certain terms not expressly agreed upon but common in their profession, (Cheryl,2012) which supported by the case Hamzah & Yeang v Lazar Bhd. As well as applying this term to our case, Ali Sports is an expert badminton racquets Sdn Bhd, it have to be expert in stringing skill and restring works but it wrongly stringing Tina’s racquets with strings for squash but not badminton at the last. Therefore, it is a breach of implied term in this case.

Under the legislation of conditions and warranties, a term will be treated as a condition where stipulation is so vital that breach would destroy main object of contract.