The stock - Case Study Example

Only on StudentShare

Extract of sample
The stock

Nigel has to establish that the shop owner cannot rely on the exemption clause in the standard terms of the contract. An exemption clause in a contract purports to exclude liability of one of the parties to the contract, under certain circumstances. The Statute sets out that no contract term can exclude or limit liability in any way for negligently causing death or injury1.
Furthermore, if there is other loss or damage, liability for negligence cannot be excluded or restricted if the term of notice is unreasonable. Finally, if a contract term or notice makes efforts to exclude or restrict liability for negligence, agreement to or awareness of this is not of itself to be taken as indicative of the voluntary acceptance of any risk2.
Nigel was misled by the shop owner in respect of the usage of the rowing machine, in as much as the shop owner asked him to ignore the back pain that had afflicted Nigel after using the rowing machine. Hence, this incident can be classified under misrepresentation of facts, which renders the shop keeper liable for the injuries caused by the defective and unsuitable rowing machine.
It is of paramount importance to determine whether the purchaser is a consumer or not. 'Consumer means any natural person who, in contracts covered by these Regulations, is acting for purposes which are outside his trade, business or profession'3. ...
Download paper

Summary

3. No complaints will be entertained by the seller unless notified to him in writing within 6 weeks of the date of purchase. After four weeks of use, Nigel began to experience back pain for the first time. The shop owner on being contacted assured him that there was nothing to be worried about…
Author : andersonruby

Related Essays

Social Influences in the Stock Market
Kenrick and Simpson (1997) maintain that ".in the stock market, people's investment decisions are determined, not by the actual value of a resource but by the perceived value" (p. 36). Once an investor moves from pure economic analysis into the area of perception, social influence becomes a key influence. By using acuity rather than data, the investor draws upon the elements that make up the perception, whether factual or not. Those perceptive elements are usually socially-derived and filtered through the individual's own bias. The investment decision is then no longer about objective fact, it...
3 pages (753 words) Essay
Friday and January Effect on the Stock Market
This study concentrated on testing the real constant seasonal patterns of the US markets and concluded that almost 75% of the data for the period of 90 years showed a positive impact on the rate of stock returns during the second half of the month of December. The authors are confident in claiming that the second half of the month of December exhibits an extraordinary performance with respect to the stock returns in US stock exchanges.
...
4 pages (1004 words) Essay
Stock market
Gross Domestic Product is the total market value of all the final goods and services produced within a nation's borders in a given time period. Each goods and services produced and brought in the market have a price. The price of the total output is called as GDP. It can be measured by either cumulating all the income earned in the economy or all the spending in the economy and both measures should roughly equate to the same total. GDP is the basic measure of an economy's size. With the GDP used as a key indicator of economic activity and future economic prospects, any significant change in...
10 pages (2510 words) Essay
Discuss the stock market exchange crash of 1929 and its legacy in th United States
Economists however believe that this time round "a deep economic downturn is unlikely" (Bollag 2008). Since the Great Depression of 1929 there has been many researches to find out the real reason behind the sudden economic down turn (Calomiris 1993, 67). One fact that has come to the forefront very clearly is that rather than being just a single factor behind the whole crisis, there were a number of factors that had come together and induced the Great Depression.
...
3 pages (753 words) Essay
Specific events over the past years that have affected the stock market.
Prices remain steady and predictable and investors are confident in the market remaining steady. Markets respond to changes in the economy and a major change in the economy often results in major shifts in the stock market. Market crashes are precipitate by something occurring within the economy or war (or the threat of war). The stock market (New York Stock Exchange) responds to changes by gaining value or losing value. Markets losing value are not good. Changes in the economy can be real or perceived (the belief that something bad is going to happen).
...
5 pages (1255 words) Essay
Stock split and stock price
Yes, you are right. Stock options even before they are vested have values. Such values are computed using complicated option pricing models such as the Black-Scholes option pricing model. These models are based on several factors.
...
2 pages (502 words) Essay
the stock market: a place to invest
The two most infamous market crashes were the market crash of 1929 referred too as Black Monday, and the Wall Street collapse of 1987. Recently we experienced a market crash as consequence of the global economic recession. In this paper we analyzed the stock market to justify why it is still a good place to invest and provide reasons why the prices stock have gone down.
...
4 pages (1004 words) Essay
Got a tricky question? Receive an answer from students like you! Try us!