StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

The law of contract - Essay Example

Comments (0) Cite this document
Summary
Ans. The Courts can apply the test of incorporation and construction to determine whether or not a statement is a term. It is important that the application of the test of reasonableness should not be considered until it has been decided that, applying the tests of incorporation and construction, the exemption or limitation clause in question forms part of the contract and covers the events, then, however reasonable the clause, it will not apply…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92% of users find it useful
The law of contract
Read TextPreview

Extract of sample "The law of contract"

Download file to see previous pages Ans. According to Law of Contract exclusion clause in the body of the contract between two parties will be a term incorporated in the contractual text to lessen and restrict the liability of one or the other party to the contract.
Whereas, the Limitation Clause instead of excluding liability of a party to a contract tends to limit the liability as the name suggests. An Exclusion clause will only be enforceable if it is validly incorporated in the text of the contract and it is clear and not ambiguous in its meaning, there should not be any statutory hindrance over it.
(a) It should be a contained in the contract in a clear and unambiguous manner and there should be no confusion regarding the meaning of the clause, in addition to that both the parties must be aware about the inclusion of the clause in the text of the contract.
Ans. ...
In comparison to an Exclusion clause, a Limitation Clause is more likely to be enforced.
4. What are the different ways in which terms (exclusion clauses) may be incorporated into a contract
Ans. The different ways in which terms(exclusion clauses) may be incorporated into a contract are the following :
(a) It should be a contained in the contract in a clear and unambiguous manner and there should be no confusion regarding the meaning of the clause, in addition to that both the parties must be aware about the inclusion of the clause in the text of the contract.
(b) If the language or meaning of the Exclusion clause is not clear then in that case the party that is going to affected more by it should be forewarned before making of the agreement.
(c) Standard Terms and Conditions according to Trade practice should be incorporated in to the contract.
(d) An Exclusion clause can be incorporated in the contract by showing similar regular and consistent dealings between the parties in the past.
5. What is meant by the contra proferentum rule
Ans. By Contra proferentem rule it means that if there is a clause in the contract that carries more than one meaning and is unambiguous and not easy to interpret than in that case that unambiguous and confusing term will be taken against the party that forced its inclusion or the party who drafted the contract and incorporated the said term. In other words the term will be read in favour of the second party that didn't insist on its inclusion in the body of the contract.
6. What are the main differences between the provisions of the Unfair Contract Terms Act 1977 (UCTA) and Unfair Terms Consumer Contracts Regulations 1999
Ans. The main difference between the provisions of the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The law of contract Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
The law of contract Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/miscellaneous/1531473-the-law-of-contract
(The Law of Contract Essay Example | Topics and Well Written Essays - 1000 Words)
The Law of Contract Essay Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/miscellaneous/1531473-the-law-of-contract.
“The Law of Contract Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/miscellaneous/1531473-the-law-of-contract.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The law of contract

The Law of Contract

A classic example was the case of Balfour v. Balfour whereby Mr. Balfour by the use of contract like terms agreed to give his wife £30 a month which was to act as her maintenance for the time he resided in Sri Lanka. After his departure, he stopped the payment and as a result action was brought by Mrs. Balfour so as to recover the payments. The Court of Appeal found that there was no enforceable agreement that was existent on the basis of the evidence available so as to show the intention to be legally bound. Another case which is cited along this case is that of Merritt v. Merritt wherein the courts distinguished the aforementioned case on the basis that the couple in this case even though married again, had formed the agre...
3 Pages(750 words)Assignment

Business Law - the law of contract

...Business Law James notices a gold watch with a price tag of 25 in a shop window of a store. When he walked into the store, he was attended by Elizabeth, the store person when he offered to make payment for the gold watch. Elizabeth came back shortly and announced to James that they would not sell the gold watch at 25 for they had made a mistake with the price. Elizabeth explained to James that the correct price for the watch was supposed to be 250 and not 25 as indicated by the price tag. This issue concerns invitation to treat under the law of contract. Marked prices of goods displayed in shop windows or catalogue mentioning prices of goods do not, as a rule constitute an offer as to compel the store person to sell those goods...
6 Pages(1500 words)Case Study

The Law of Contract

...GENERAL PRINCIPLES OF LAW/ THE LAW OF CONTRACT (A) "The courts are not easily convinced that a given change of circumstances is of sufficient gravity to frustrate a contract". Discuss. Frustration of contract can be defined as a prevention from continuation of a contract when the employee who is employed under the contract becomes unable to perform the work for which he was employed due to reasons beyond control by both parties (employer and employee). When the employee is no longer able to engage in any further employment and that makes it impossible for a contract to be performed further, the said contract of employment is said to be frustrated and comes to an end. The doctrine...
11 Pages(2750 words)Essay

The Law of Contract Assignment

...in Strathford East Kilbride Ltd v. HLM Design Ltd, wherein third parties were permitted to sue for damages7. Bibliography. Atiyah, PS, 'An Introduction to the Law of Contract', 1995, Clarendon Beale, HG, Bishop, WD and Furmston, MP, 'Contract - Cases and Materials', 1995, Butterworths' Collins, H, 'The Law of Contract', 1993, Butterworths Downes, TA, 'Textbook on Contract', 5th edition, 1997, Blackstone Huntley, JAK, 'Casebook on Contract', 1995, Green & Son Koffman, L, and Macdonald, E, 'The Law of Contract', 1995, Tolley Lawson, R, 'Exclusion Clauses', 4th edition, 1995,...
3 Pages(750 words)Essay

The Law of Contract

...129055 The problem between Jim and BGC is connected with The Law of Contract. Contracts are made by all of us, almost every day1. In some form or other, we are entering into contracts with people known to us, and mostly with unknown and unseen people. When we read newspapers, get attracted to advertisements, buy those goods, do shopping, or buy an insurance policy, all the while we are creating contracts according to our needs, whether we are aware of it, or not. Contracts are of various kinds. They vary according to the terms of offering and acceptance. Some of the terms are explicit and some of them are merely suggested or implied. Law of contract is not of a recent origin, but had existed since the dawn of human existence, because...
11 Pages(2750 words)Case Study

The Law of Contract

...posal.” Acceptance: [Section 2(b)] “When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted.” Agreement: [Section 2(e)] “Every promise or every set of promises forming the consideration for each other.” Consideration: [Section 2(d)] “When at the desire of the promisor, the promise or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or abstain from doing something, such an act or abstinence or promise is called a consideration for the promise.” Consideration is also one of the essential elements in a contract. And it should be lawful, and should be according to the principle of morality. The Law of Contract defines...
9 Pages(2250 words)Case Study

The Law of Contract

...The Law of Contract Part One In respect of Maggie’s rights, Vis –a – Vis English Rail, it has to be ascertained whether English Rail can rely on exemption clauses to evade liability for the damage caused to her. For an exemption clause to be valid it has to be incorporated in the contractual agreement; it should unambiguously cover the liability; reasonable notice should have been provided1; and it should not be prohibited by statute or other legislation, such as the UTCCR and UCTA2. Maggie was unable to obtain a ticket from the ticket machine, as it was not functioning. A notice had been placed near the machine, which stated that English Rail was in no way liable for any damage caused to passengers. Maggie, a seller of handmade cakes...
6 Pages(1500 words)Essay

The Law of Contract

... Please thoroughly explain the parol evidence rule. What are its benefits and what are the reasons behind the rule? The parol evidence rule is a substantive common law classified under contract cases. The purpose of this rule is to bar a person who has made a written contract from availing evidence from outside, which disagrees with the written conditions of the contract that seems to be complete. The rationale behind this rule is that, provided that the parties involved in the contract have reduced their contract to a single and ultimate writing, the evidence from outside originating from precedent contracts or conditions should be taken into account when deducing that writing, as the involved parties had finally resolved to exclude...
3 Pages(750 words)Coursework

The Law of Contract

A contract which has a written preliminary contractual instrument and which is able to authorize a specified contractor and can begin manufacturing supplies and in performing some specific services is called a letter contract. It could be used in circumstances where the interests of a government demand that the contractor is given a binding level of commitment and contractor are able to start working instantly and are able to negotiate a contract in the specified time.
Performance-based contracts are not literally contracts but a specific acquisition method where requirements can be described by a performance work statement or a certain statement of objectives. Performance-based contracts are made to ensure that contractors ar...
6 Pages(1500 words)Term Paper

The Law of Contract

...The Law of Contract Introduction There are essentially two legal issues in the law of contract arising out of Bianca’s business associations with Janus Jewelers and Darling Waters Shopping Centre. The question for consideration in respect of the agreement for repairs and cleaning of the article of jeweler between Bianca and Janus Jewelers turns on whether or not Janus can escape liability by virtue of an exemption clause. If the exemption clause can be applied without exception Bianca will not be able to claim damages for the loss of the jewelry. The legal issue in respect of Darling Waters Shopping Centre begs the question of whether or not negotiations between Bianca and Darling Waters went beyond a mere gratuitous exchange...
7 Pages(1750 words)Essay

Law of Financial Services

For instance, the European Commission’s Regulation No. 1049/2001 which very specifically details rules and regulations governing the public access to European Parliament, Council and Commission documents. Article 8 of the regulation states that “personal data shall only be transferred to recipients … (b) if the recipient establishes the necessity of having the data transferred …” (Regulation 1049/2001). Although this law is not at all related to the data protection of banks and their customers, it does give us an impression of how serious the EC is in protecting the integrity of data.
In saying that the laws that we have on data protection have adequately addressed the needs of banks and custom...
6 Pages(1500 words)Article
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 The law of contract for FREE!

Contact Us