An exclusion clause is a term in a contract purporting to exclude or restrict the liability of one or more parties to the contract for breach of obligation . Exclusion clauses are controlled by common law and statute. The Unfair Contract Terms Act 1977 (UCTA 1977) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999) confine the extent to which an individual can exclude or limit his business liability towards consumers. The Office of Fair Trading runs an unfair terms unit which
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A royal salute to the Commonwealth Sometimes we forget about our own history‚ our country’s history. What we come from and who we are‚ deep down. In short: our identity. In my view‚ this article‚ “A royal salute to the Commonwealth”‚ 2011 by the British journalist and political commentator Peter Oborne‚ is about the dilemma between modern ways and the old days. Peter Oborne describes his concerns about our modern political culture‚ in comparison with the old culture‚ when Great Britain was an
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Contract Law Essay Introduction The case‚ as set out‚ concerns two companies‚ Smart Co (hereinafter S Co) and Bright Co (hereinafter B Co). S Co needs to be advised as to whether it can claim compensation under the breach of the contract‚ which can exceed the 50£ limitation‚ which limitation is included in the contract under a clause. In simple words the validity and therefore the effectiveness of the limitation clause is to be considered under the Unfair Contract Terms Act 1977 . For the
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frustration in contract law can be a difficult precedent to establish. Not to be confused with a contractual mistake‚ frustration occurs when performance is made impossible or is fundamentally changed. Generally‚ when frustration occurs the party suffering loss is established on whom ever provided services before the frustrating event‚ or to the party having already paid a deposit or owing money before frustration date. Self-induced frustration on the other hand is considered a breach of contract (Yates
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In relevance to the above quote‚ a RATER audit has been conducted on the customer service of the Commonwealth bank of Australia. The Commonwealth bank is the largest bank in Australia and has a leading customer base‚ so new or expert naive customers have a high expectation. Opening a new account can be a good example on how the commonwealth customer service works. Upon entrance to a commonwealth branch a service assistant is there to direct customers to where they need to wait before being assisted
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NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BANGALORE M.B.L. PART – I CONTRACT LAWS Important Case Laws 1. Balfour v. Balfour [(1919) 2 KB 571] Mr. Balfour promised to send £ 30 every month. Mr. Balfour did not send the money Mrs. Balfour sought to recover the promise money in the court of law. Whether a promise of domestic nature between a husband & wife could be binding? Held that‚ the promise between the parties was not intended by them to be legally binding. Hence‚ Mrs. Balfour could not
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LABOUR LAW LECTURER: MR MUPANI NAMES: TAFADZWA N MOYO M112877 TAFADZWA MUTIWANYUKA M BELIEVE G MBULAWA M TERENCE MATASHU M ABIGAIL MABVIRAKARE M CARLEEN KATURUZA M FRANCISCA ZVENYIKA M MARY SHIRICHENA M Labour law according to Gwisai (2006) refers to the system of rules that regulate the voluntary relationships arising from the workplace and whose enforcement is guaranteed by the state as law. According to the labour act Chap 28.01‚ labour law is referred
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was established following the case of Partridge v Crittenden. If Celia’s advertisement was an offer‚ she would be contractually obliged to sell her goods to every customer even if there is no continuity of stock. Hence‚ she is liable for breach of contract if there were more acceptances than she can satisfy as only 5 handbags are up for sale. Furthermore‚ the advertisement does not include further details on the bags and leaves room for negotiation. It states that it is suitable for all tastes and
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How To E-file My Green Card Renewal? Green card is the ticket to getting a comfortable job and to reside peacefully in the US. It gives a sense of secure feeling to the individuals as they have the most important legal rights granted to them. The easiest way of getting a green card is by marrying a US citizen‚ as the citizens have the right to sponsor their immediate relatives. Getting a green card is very important and at the same time‚ keeping it fully updated and valid is also important. This
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There are four main elements that must be in a contract to deem it valid. The first of which is an offer. The offer is the initial start to any interaction from one or more parties intending to enter into a contract. An offer is defined as‚ the price at which an individual is willing to sell a security or commodity. This is the opposite of bid‚ which is the price at which an individual is willing to buy a security. An offer is the same as an Ask. The person to make the offer or have something
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