Legal Studies Term Paper Example | Topics and Well Written Essays - 1500 words

Legal Studies - Term Paper Example The act was construed to have said that removal even for a specified period of time was removal and not suspension. The difference in terminology was construed so as to differentiate between suspension and removal as the latter would mean remove and so automatic removal was not possible. This sort of interpretation has been said to be purposive as it looks at the overall effect and tends use aids to interpretation that is dictionaries and other materials so as to differentiate between the meanings of words. (Wesley 1998) The third consideration was avoidance of circularity. The courts stated that the refusal of automatic restoration by the court would avoid circularity but this is was by an action of the court which did not fit in well as it interfered with what had been intended. This consideration dealt with the literal rule as in discussing the straight forward notion and the golden rule whereby the absurdity in result that would be caused was discussed. (Wacks et al 1989) The fourth consideration was that of giving meaning and substance to each provision whereby the true meaning was considered and thus went against automatic removal of consideration. In this situation the court took into account both sides of the argument and determined the result in accordance with the golden rule that is to refrain from reaching an absurd result. (Partington 2010) Finally the consideration of reluctance of the court to find a radical change by way of side-wind was stated. Bokhary PJ looked into the wordings of the statute that is ss.21(1) and 25(3) and the context of two words and their differences were looked into and the courts in confining themselves to the literal approach in this respect rejected the notion that both the wordings were for the same purpose. (Wesley 1998) 2. Bokhary PJ states that these rules complement each other and tends to appreciate the facts that

Contract Law, Exclusion Clause Coursework Example | Topics and Well Written Essays - 1500 words

Contract Law, Exclusion Clause - Coursework Example Some of the examples of service contracts are providing accounting services , provision of health care , provision of legal services,etc.(Bradgate & White 2007 :211). A service provider who deals with his customer cannot enforce his own printed standard terms of conditions thereby cannot either restrict or exclude his accountability for infringement of contract or offer an incomplete service for which he has to demonstrate that exclusion clause is in line with â€Å" test of fairness or reasonableness.† If he has not taken any reasonable skill or exercise reasonable care, he will be held liable under â€Å"negligence† under the common or contractual law. The act of negligence engrosses any infringement under common law or any contractual duty to exercise reasonable skill or to show reasonable care. This study will analyse whether by including an exclusion clause in a service contract, a party to contract can avoid the liability for any loss caused by the negligence. Exc lusion Clause and Negligence In UK, service contracts do contain limitation or exclusion clauses. Sometimes, these limitation clauses are upheld in the case law. As regards to exclusion clauses pertaining to liability in a contract and in tort are normally valid only if they are rational which connotes in consideration with both contracting parties at the juncture of contract is made as per the Unfair Contract Terms Act 1977. An exclusion clause is like a double -edged sword since it will be construed against the party who relies on it as held in Curtis v.Chemical Cleaning Co. 1 (Barendrecht 2007 :685). A service contract may contain an exclusion clause thereby one party wants to restrict his accountability for his negligence or infringement of contract. Moreover, such clause can be relied by a party only if it has been included in the said contract, and for the purpose of elucidation, it is applicable to the loss in the question. Its validity will then be interpreted under the â₠¬Å"Unfair Terms in Consumer Contracts Regulations 1999† and under the â€Å"Unfair Contract Terms Act 1977.† It is to be observed that the above laws are introduced in UK on the basis ofEU Unfair Consumer Contract Terms Directive. (Lawson 2011:57). A party desirous to trust on the exclusion clause must demonstrate that it is part and parcel of the contract. Through by a notice or by signature or through the process of dealing, an exclusion clause can be inserted in the contract. For exclusion of any liability for negligence, there should be clear words in a contract as held in White v John Warwick2. (Taylor & Taylor: 136). A service supplier is accountable under the statute only for not taking rational care in the provision of service. In normal parlance, there exists no implicit responsibility to accomplish any given outcome by a supplier of service and if a buyer wishes to have such undertaking, it should be provided in the service contract as an express term. (Bradga te & White2007:212). Under s2 (2) of the Unfair Contract Terms Act 1977?accountability for any other variety of damage or loss can be kept out provided the notice or term fulfils the prerequisite of reasonableness. A service provider cannot control or exclude his accountability in negligence for loss originating from defects in services provided for either consumption or for private use by means of notice or term included in a guarantee. In an action of