Contract Law - Essay Example

Comments (0) Cite this document
Summary
Contract Law Introduction An exclusion clause is a statement that attempts to limit or exclude the liability of a party. It provides that a party will not be liable is some circumstances of the other party they tend to limit or defeat liability…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96.1% of users find it useful
Contract Law
Read TextPreview

Extract of sample "Contract Law"

Download file to see previous pages It becomes sufficient incorporation if the other party knows the existence of the clause Wishart (2005, p. 78). The exclusion should also conform to the relevant statutes that are the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulation 1999. Legislation The legislations that govern the limitation clauses are Unfair Terms in Consumer Contracts Regulation 1999 and the Unfair Contract Terms Act 1977. Exclusion clause 1. Urban Farm Products Limited does not restrict liability for damage, loss, death, or injury caused by its negligence. 2. URBAN FARM PRODUCTS LIMITED SHALL NOT BE LIABLE TO VISITORS FOR LOSS OR DAMAGE OF PERSONAL BELONGINGS AND INJURY DUE TO THE VISITORS NEGLIGENCE DURING THE VISIT. Explanatory notes Clause 1 limits the ambition of the exclusion clause which is essential to ensure that the exclusion of liability clause does not fail or is rendered unenforceable by operation of section 2(1) of the Unfair Contract Terms Act 1977. Section two (1) of the Unfair Contract Terms Act provides that exclusion of liability in negligence cannot be restricted in the course of business for personal injury or death by a provision in the contract. It becomes unreasonable to restrict the liability in negligence of Urban Farm Products Limited, clause 1 deals with this element. The liability of Urban Farm Products Limited cannot be restricted. ...
The Unfair Contract Terms Act 1977 at section 11 provides for the prerequisites of reasonableness; it provides that for a term to be included, it should be a fair and a reasonable one in relation to the circumstances known or ought to be known. Subsection two goes ahead to clarify the guidelines applied in the determination of reasonableness. Subsection (4) provides that where the provision seeks to exclude liability but seeks to limit the liability, the court should look at it from two points: the extent of insurance cover for the party to relying on the exclusion clause and the resources available to meet the liability. Subsection (5) states it is up to the party wants to rely on the clause, to prove sufficient notice of the existence of the clause. The party intending to rely on the exclusion clause should make sure they did enough to draw attention to that clause: (1) There should be proper and sufficient notice where the contract has an exclusion clause incorporate into it. If the exclusion clause sits at the back of the document, a note to that effect should be in front of the document. (2) The other must be aware of the exclusion clause before entering into the contract. (3) The notice provided should be reasonably sufficient. Reasonableness and sufficiency depend on the parties' situation and the circumstances. In its decisions on matters of exclusion clauses, the courts have held that attention be brought to the existence of these clauses by clear words on the contract. Clause 2 is the proper exclusion clause and aims at limiting the scope of Urban Farm Products Limited liability by the exclusion of aspects of loss or damage. Section 2 (2) provides that liability for negligence can be ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Contract Law Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.org/law/1395959-contract-law
(Contract Law Essay Example | Topics and Well Written Essays - 1500 Words)
https://studentshare.org/law/1395959-contract-law.
“Contract Law Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/law/1395959-contract-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Contract Law

Contract law

...Task For a contract to be enforced in a court of law, it must satisfy the essentials of a valid contract. These essentials of avalid contract include, offer, acceptance, consideration, capacity, legality of the subject matter, and the intention to create legal rights. If one or more of these elements is missing on a contract, the courts will be reluctant to enforce such a contract. It is therefore the burden of the party seeking relief in a court of law to prove the existence of these essentials of a valid contract. This is because the courts do not create the terms in a contract, but...
3 Pages(750 words)Coursework

Contract law

...would have been more beneficial to Mr. Robbins than fulifllment of the whole debt. ii. However, it should be noted that payment of a lesser sum cannot be satisfaction of the whole debt simply because it is impossible for a lesser sum to satisfy a greater sum. But Mr. Robbins also received payment in a lesser sum and therefore this cannot be said to have settled the whole debt. It should be noted that the law merely requires that consideration be sufficient and note necessarily adequate. This means that consideration must be something of value (Ollek). The same was reiterated by Jim Riley (2012) in his article Elements of Contract- he stated that parties in a contract must receive...
3 Pages(750 words)Assignment

Contract law

...Contract law Introduction The case Lord Melbray v the Backstreet Boyos and Basil’s Bistro requires a full legal analysis, beforea conclusion is reached, and therefore an advice issued to the aggrieved parties. The legal analysis takes the form of a three-stage analysis, the first stage being to assess whether the agreement between these parties would amount to a legally binding agreement, through evaluating whether all the requirements for a legally binding agreement were met by the parties involved. Secondly, the analysis seeks to evaluate whether there was sufficient basis for either party to rescind the contract, or by the party rescinding the contract, a violation of...
10 Pages(2500 words)Essay

Contract law

...Law: Contract Law. Explain the importance of the doctrine of consideration in contract law. Use examples from case law to illustrate your answer, andexplain why [Name of the writer] [Name of the institution] Law: Contract Law. Explain the importance of the doctrine of consideration in contract law. Use examples from case law to illustrate your answer, and explain why In the formation f contracts two elements are vital. Firstly, the "offer," an indication by one person prepared to...
6 Pages(1500 words)Essay

Contract Law

...Contract Law Introduction Any contract must have terms in it that bind the contractors after all from the definition of the term contract; it is an agreement between two or more persons that is intended to create legally binding obligations. It is fundamental that the parties to the contract should mutually agree to the terms of the contract the courts shouldn't interfere with what the parties have negotiated upon. But terms of two can be further broken into two 1. conditions 2. warranties A condition is a term of vital importance and goes to the root of the contracted. It is basic and primary to the contract its breach, if committed by the seller gives the buyer a right to reject goods completely and refuse to pay the price... whose primary...
8 Pages(2000 words)Essay

Contract law

...Contract law The purpose of this essay is to address the legal issues in the case of Churton and Silver with regard to their unpaid loan with Rick It Merchant Bankers, Ltd. For this essay I shall be discussing the legal viewpoints of contract law that surround the circumstances of the case at bar, and will advice Risk It on their legal rights. As the facts of this case state, Churton and Silver contracted with Risk It for a loan with a fixed payable term and interest rates. The first instalment had been adequately paid, but due to financial problems, Churton and Silver foresaw a difficulty in meeting their future loan obligations to Risk It....
4 Pages(1000 words)Essay

Contract law

...INTRODUCTION For a contract to be valid and enforceable, ALL the following elements must be present. They are the offer, the acceptance, the object of the contract, the consideration, the legality of the subject matter, the contractual capacity of the parties involved, and the contractual intent of the parties (Halfwits, J, 1995). If one of the elements is missing, then the contract is not valid. The contract may be avoidable, void or unenforceable. According to the Principles of European Contract Law, particularly Article 2.301 (ex art. 5.301) – Negotiations Contrary to Good Faith section 3 that “ it is contrary to good faith And...
6 Pages(1500 words)Essay

Contract Law

...Contract Law Introduction: The question that needs to be determined in the sale transaction between Tom representing the Buyer and Max representing the Seller is whether Tom, in making the payment of 28,000 pounds has paid up in full according to the contractual terms, or whether Buyer will be liable to pay the additional amount of 2800 pounds that is being claimed by Seller, as a function of a small price rise that is sanctioned under the terms of its standard sale/purchase agreement that Tom has filled up when placing the order for the equipment. Contractual validity: In order for a contract to be valid, “there must be a definite offer mirrored by a definite acceptance.”1 In the case...
8 Pages(2000 words)Assignment

CONTRACT LAW

...Contract Law Human beings live in permanent cooperation and contacts with the fellow beings which involve agreements and contracts of various types. They are general phenomena that take place in most of our lives. In everyday situations, most of the people come to agreements and bonds for one reason or the other. “A contract may be defined as a legally binding agreement… The agreement will create rights and obligations that may be enforced in the courts. The normal method of enforcement is an action for damages for breach of contract, though in some cases the court may order performance by the party in default.”1 According to Sir Frederick Pollock,...
9 Pages(2250 words)Essay

Contract Law

...Contract Law All the three scenarios presented raise the issue of negligence on the part of ASL, although they evoke different aspects. In Alan’s case, the question is whether the tort of negligence can be applied to recover economic losses. In Barbara’s case, the question is whether the terms of the exclusion clause will prevail. In Charles’ case, the question is whether ASL will be held guilty of misrepresentation. As shown in the detailed explanations below, Alan does not have a chance to recover damages from ASL. But Barbara may be able to establish a claim in negligence against ASL for recovery of damages for injuries caused to her, because she is a consumer and ASL had the duty to perform the job...
8 Pages(2000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Contract Law for FREE!

Contact Us