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Voluntary assumption of liability - Essay Example

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The aim of the paper “Voluntary assumption of liability” is to examine the application of voluntary assumption of liability in law, which is often fraught with numerous inconsistencies. The idea is the basic provision supporting contractual liability…
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Download file to see previous pages Nonetheless, such acts fail the English legal system’s interpretation of what constitutes justice, fairness and equity, in contracts. Edwards, Edwards, and Wells (2011) argued that an application of a ‘genuine’ assumption of liability as the premise upon which extra-contractual risks are based can repair the damages resulting from the injustice. Sykes (2012) pointed out that this effectively circumvents the legal challenges arising from the wider interpretation of a binding contract.The second legal hurdle relates to the fairly wide confines within which a binding contract falls (Gruidl, 2008). In Tort, however, Best and Barnes (2007) averred that numerous limitations face the English judicial system. For instance, time constraints in the acquisition of claims, narrowly explained vicarious liability, and the amount of damages may hinder the handling of claims in a fair manner, especially claims stemming from direct business between two parties in cases where a binding contract cannot be implied. In such situations, the generous provisions guiding the establishment of contracts do not apply (Horrigan, 2012).Lastly, a party may use the idea of assumption of liability to claim liability for issues that were part of a contract (Sykes, 2012).  In fact, the doctrine of assumption of responsibility was introduced into English law to settle extra-contractual liability arising from “non-intentional” injury other than physical injury to any individual party. These include; psychological injury, economic damages and nervous shock....
Lastly, a party may use the idea of assumption of liability to claim liability for issues that were part of a contract (Sykes, 2012). In fact, the doctrine of assumption of responsibility was introduced into English law to settle extra-contractual liability arising from “non-intentional” injury other than physical injury to any individual party. These include; psychological injury, economic damages and nervous shock (Edwards, Edwards, and Wells, 2011; Horrigan, 2012). Difficulty in compensation Best and Barnes (2007) suggested that these kinds of injury are hard to remedy. In effect, the defendant and the wider society would find it hard to withstand the losses. But, the researchers added that a blanket refusal of liability is unacceptable. Therefore, English law was created to provide grounds for a new platform for the application of logical, narrow responsibility in tort, for such damages. Harpwood (2008) contend that such provisions of English law seek means of narrowing the application of responsibility in negligence which, hitherto would only be proved by foreseeable injury. In English legal system the concept of assumption of liability is today clearly employed separately within the province the Duty of Care in Negligence (Horrigan, 2012). Additionally, the idea is slowly being outmoded by the three-fold-test under the Duty of Care, and the slow evolution of the key facets of the common law, which focus on expanding liability. Rights of Third Parties Act 1999 Gruidl (2008) noted the significance of the Rights of Third Parties Act 1999, which expanded the infamous narrow understanding of contract and the liabilities that may arise thereof under English law. The new legislation repealed the ...Download file to see next pagesRead More
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