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Legal Aspects of Commercial Contracts - Case Study Example

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This paper "Legal Aspects of Commercial Contracts" discusses Scottish courts that set aside contracts entered into by young people, aged between sixteen and seventeen years if they are proved to be biased. Section 3 of the Age of Legal Capacity Act 1991, contains these provisions…
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Legal Aspects of Commercial Contracts
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Download file to see previous pages In addition, the working day could not exceed eight hours. Moreover, individuals working in the night shift had to be provided with free health assessments. Further, every worker was to be permitted an eleven hour rest period daily (Hardill, 2002. P. 66). In addition, there had to be a one day break from work per week. Furthermore, if the number of working hours were in excess of six hours per day, then the employer had to allow a rest break during the working hours. Finally, it was specified that every worker was entitled to four weeks of paid leave per annum (Employment Matters, 2007).

At the time of his employment, Ben was seventeen years. All the same, he was made to work for more than forty hours a week. In addition, he was made in charge of the establishment, which entails considerable risk. Therefore, Ben has to use the grievance procedure, of the place where he is working. If this does not have any effect, he can approach the employment tribunal with a complaint, within three months of the alleged infringement (Rights at work. Who has these rights? acas).

The statute specifies that the maximum working hours for young workers are eight hours a day, or forty hours a week (The Working Time (Amendment) Regulations 2002). Moreover, there should be no more than five working days a week and the hours of rest between each working day should be at least twelve hours. In addition, if such workers have to be allowed a half-hour break if they work for more than four and a half hours (Young People and Employment. Advice Guide).

The Age of Legal Capacity Act states that a person below the age of twenty – one year can move the courts to set aside a transaction, entered into by him when he was between the age of sixteen to eighteen years if such transaction had been detrimental to his interests (Section 3(1) of the Age of Legal Capacity (Scotland) Act, 1991). Moreover, such a transaction should have been what a reasonable adult would not have indulged in  (Section 3(2) (a) of the Age of Legal Capacity (Scotland) Act, 1991).  ...Download file to see next pagesRead More
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