This is a paper that focuses on the Caitlyn Kaffes Shoppe case study scenario on contracts. The paper also provides a description of the case study to use in the paper assignment.
The Caitlyn Kaffes Shoppe case study scenario on contracts
Question 1 (10 marks)
‘In contrast to express terms found in a contract, implied terms can arise in a variety of ways and are beneficial to at least one of the parties to the contract. Some contracts may contain both express and implied terms, but the ways these two types of terms operate are significantly different from one another’.
Discuss this statement by reference to cases and legislation, providing examples of each.
· You need to justify your view as to whether these two types of terms are ‘significantly different from one another’.
· Additionally, include as an example in your discussion, reference to the types of terms indicated in the facts of question 2.
( 10 marks)
Question 2 (20 marks)
The local coffee shop “Kaffee Shoppe” near VU does a great trade and see lots of students (and lecturers) come for coffee and food.
Caitlyn regularly goes to Kaffee Shoppe for her daily Kombucha. She likes that it has a self-service facility where customers have the option of selecting a drink or food item. From a menu displayed on a touch screen located near the counter. To choose your order, you only have to touch an image or icon showing the desired product. Then touch a virtual ‘OK’ button to submit an order. The order is relayed to the front counter where the staff can view it on their own screens.
The self-service process was implemented by the coffee shop to save time during rush hour and is very popular. The coffee shop sees most customers using it for takeaways, whilst the rest eat in. Customers choose “Eat in” or “Takeaway” when they place their order.
Customers using the touch screen are immediately issued with a printed ticket containing an order number and the price payable at the front counter.
Also, customers present these tickets to the cashiers who confirm the relayed order appearing on their screens. At this point, the customers pay for their purchases and await delivery.
When Caitlyn reached the front counter, she paid $2.50 for the green tea she had ordered and then took a seat waiting for staff to bring it over.
The week after, Caitlyn returned and ordered her usual Kombucha, and as a splurge, ordered a vegan poké bowl via the self- service facility. The total cost was $20.00 which she happily paid. As Caitlyn sat in Kaffee Shoppe, choosing the best Instagram filter to post the photo of her poké bowl. Also, sipping her Kombucha, she took a bite of her tofu struck something hard, breaking a tooth.
Caitlyn alerted the manager Karen to this incident and demanded compensation for her anticipated dental repair. Karen, the manager, expressed regret and directed Caitlyn to the ticket she had received. Which on its reverse side, contained a clause stating:
Kaffee Shoppe accepts no responsibility or liability for any injury caused to
customers by consumption of food or drink sold.
Caitlyn, outraged said, ‘I’m a consumer and I have rights!’