Download file to see previous pages...
The notices were so located that they were not visible at the time of entering the contract.
In addition, the Unfair Contract Terms Act 1977 specifies that no contractual exclusion term can exclude or limit liability, if there had been negligence that had resulted in injury, death, or other loss or damage, where the term of the notice is unreasonable3.
The validity of an exclusion clause is to be verified, by invoking the provisions of the Unfair Contracts Terms Act (UCTA) 19774 and the Unfair Terms in Consumer Contracts Regulations (UTCCR) 19995. In Curtis, the court held that the defendant company was unable to evade liability, on the basis of an exclusion clause; as it had been distorted by its sales personnel6.
In Thornton v Shoe Lane Parking, the court ruled that the defendant was liable for the injury, because the contract had been concluded at the time of purchasing the ticket at the ticket dispensing machine7.
An exclusion clause averts liability, only if it is a part of the contract. Moreover, in the absence of adequate notice, an exclusion clause is ineffective. This is axiomatic in contract law. In L’Estrange the exclusion clause being printed in a manner that was difficult to read, was held to be inapplicable by the court8. Therefore, the Uxbridge Hotel’s contention, relying on the exclusion clause, is not tenable.
Therefore, the Uxbridge Mill House Hotel management cannot rely on exclusion clauses for evading liability, in respect of Angelina’s stolen jewellery. A proper notice had not been displayed and the notice had not been included in the contractual terms. The notices were so located that they were not visible at the time of entering the contract. In addition, the Unfair Contract Terms Act 1977 specifies that no contractual exclusion term can exclude or limit liability, if there had been negligence that had resulted in injury, death, or other loss
...Download file to see next pagesRead More
Usually such contracts may be vital for the formation of the company may have to be eventually accepted as they form a responsibility of the company. An example is for building a minimal set of infrastructure and other resources for the company including offices, contracts need to be organised with the third parties by the promoters.
The success or failure of a particular event or a concert largely depends upon an event manager. An event manager is mainly accountable for planning an event preparing effective safety measures and ensuring appropriate coordination with the staff for successful completion of an event.
The thesis statement of this paper would be holding is that the law of contract and tort law are similar in nature and it is, therefore, difficult to distinguish between the two legal concepts. The researcher will also make an earnest attempt to evaluate the statement in terms of ADR’s ability as a viable alternative to the court system.
Second, there is the consideration that both parties need to contribute (Miller & Jentz, 2004). The lessor would let me rent his apartment, the rental fee of which I had to pay on a monthly basis. Third, all the formal requisites were stipulated in the written lease contract.
This paper will investigate both legal venues and allow the reader to interpret their own opinion through he compiled research.
To begin this research correctly, a proper definition of a "homestead exemption" law or clause needs to be addressed. What a homestead clause is, in actuality, is a legally protective clause that offers exemption from creditors for a least a partial amount of value of the homestead (Texas Politics).
In many states, if both parties enter into an agreement that is fully discernible by the laws of that state then they are both expected to uphold their end of the agreement. If one does not do so then a contingency can occur which can make the sales contract fall into a null and void contract (Reality Times, 2004).
It is my opinion that candidate two has had quantifiable time to grow and learn from his past mistake. After all, he was just a kid when the crime occurred and according to the Youth Justice System, many teenagers go through a period of defiant behavior that sometimes involves a deviant act.
In the last two centuries there has been a rapid rise in human population combined with advancement in technology. As a result businesses have expanded and many new professions have evolved. This scenario has changed the dynamics of legal systems as well. More
As the author of the essay puts it, Golden Rule or British Rule of statutory interpretation gives authority to the judge to dismiss the literal meaning of a word in order to prevent passing an illogical ruling. It is emphasized that Golden rule will qualify a literal rule in a case where the literal rule is not applied where doing so will lead o injustice.