Contract Law Essay - Grade: 75 - LW1130 - Leicester - StuDocu.
A reverse burden of proof is held to be justified as pursuing a legitimate aim, the Court must then consider whether such an interference is proportionate. To be proportionate, the law 'requires a balance to be struck between the general interest of the community and the fundamental protection of the rights of the individual'. The court will balance a number of factors in assessing this.
Consideration and the Performance of Existing Duties: Performance of an existing public duty is not good consideration. The rule: a party does something for which he is already legally bound to do. Three categories of duty situations: Existing non contractual duty imposed by law; Existing contractual duty owed to a 3 rd party.
These clauses are included in the terms of contract by signing over the contract papers known as incorporation. (Law Teacher, 2012) It depends upon the courts whether they allow the enforcement of an exclusion clause or not. Before deciding it the court has to go through tests related to it.
The Unfair Contract Terms Act 1977 applies only to liability arising in the course of a business and in relation to liability arising towards other businesses. It does not therefore provide comprehensive protection against unfair terms. Also it provides for specific instances of unfair terms. In particular, penalty clauses are outside its remit.
Devices Developed by the Courts for the Protection of Individuals in Standard form of Contract. The law of contract has in recent time to face a problem, which is assuming new dimensions. The problem has arisen out of the modern large scale and widespread practice of concluding contracts in standardized form. People upon whom such exemption clauses or standard form contracts are imposed hardly.
LLB (Criminal Law) - (Hons). third party rights, students will also consider other such practical topics as terms, misrepresentation, frustration, exemption clauses and remedies for breach of contract. Students will develop their skills in reading and understanding primary and secondary sources of law; and practise the practical and professional skills of legal research, legal analysis and.
Parliament decided to control unfair exemption clauses and now the majority of them are covered by the Unfair Contract Terms Act 1977 and supplemented by the Unfair Terms in Consumer Contracts Regulations 1999. If an exemption clause is upheld the common law insisted that everything reasonable must be done by the proponent to bring the clause to the attention of the other party. An exemption.