StudentShare solutions
Triangle menu

Business law - situational question - Essay Example

Not dowloaded yet

Extract of sample
Business law - situational question

In fact, the terms of the owners of the parking garage could be considered to be legally unreasonable and therefore there could indeed be grounds for a law suit against them.
This is due to the fact that within the UCTA 1977 Act and the Unfair Terms in Consumer Contracts Regulations 1999, there have been many clauses within company terms rendered ineffective due to the fact that they are totally infeasible (MacDonald 2004, p. 69). Of course there have been many cases that have been variant from this one which have been found to hold unreasonable terms and therefore the party of each case was held responsible for the adversities that arose to the defendants. These could be cases of faulty goods and the terms of sale unreasonable, or it could be of cases stemming from an even simpler nature.
One case that was found to have unreasonable terms and of which the defendant won was in AEG Ltd v. Logic Resource Ltd (Bradgate 1997, p. 582). Of course though this was not a case that involved any form of injury to the defendant it could have resulted in loss of profit and adversity for the company. Therefore based on the laws of the UCTA 1977 Act, the defendant was awarded that which he was asking in the case due to the unreasonableness of the plaintiff's terms in the contract. This could be viewed in a similar light in regards to Helen's case and the terms in the parking garage. ...
Therefore, for reasons such as these and others similar, the UCTA 1977 Act looks at all occurrences, not simply injury related ones. In Helen's case the terms are obviously unreasonable(as has been stated) and in that regard can not be binding as a form of protection for the owners to not have to face negligent charges and restitution damages by the defendant, which is Helen. Furthermore, because the notice in the garage and the memo are not incorporated logically then there is a definite unreasonable factor being presented. Helen might have assumed that the threat of injury or danger to her body or car was only slight because she was not aware of the falling debris in the garage due to the construction. However, the London Shoe company was aware of the construction and therefore, as was stated should have known to shut down the parking garage until the construction was totally completed so that there would be no unfortunate accidents or injuries. Yet the company failed to do this and it resulted in a very adverse outcome for Helen. The owners of the parking garage definitely can not deny a "sense of liability" to Helen due to the fact that they did not properly post about the construction in the parking garage and the construction in itself deviated far from any minute injury or adverse occurrence that could have taken place at any other time in the garage (Barmes 2004, p. 435).
Furthermore, since the contract with the parking garage assigning parking privileges to employees seemed to be breached then the owners themselves have a liability to the defendant as has been stated. The reason that there was a breach is due to the fact that the circumstances surrounding the parking garage changed when the construction took ...Show more

Summary

When examining the case in regards to Helen, the director of Leeds and her actions of parking in the car garage without paying proper attention to the memos that had been passed to employees, it is found that she might have some legal standing to help her in this case…
Author : hayestommie
Business law - situational question essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Business law - situational question"
with a personal 20% discount.
Grab the best paper

Related Essays

Business Law - common law question
It is formulated to provide peace as well as order to the society. Law is based on two principles which are order in the system as well as coercion which signifies that without enforcement there is no law. Violation or breach of law may lead to taking legal actions as well as steps against the wrongdoer.
12 pages (3000 words) Essay
Law (International Business) - Problem Question
The Hague-VisbyRules require that the carrier provides a seaworthy ship; and handles the goods with care (Lex Mercatoria 2003). A number of exceptions are granted which would apply to the “Seagull”. However, the carrier may not be able to rely on these exceptions if it is found that due diligence was not applied in the carriage of the goods.
2 pages (500 words) Essay
Employment Law - Problem Question
This paper seeks to discuss some of the elements of employment law. The paper will explore a case study, to identify the legal principles involved, with the aim of offering legal advice to the involved parties. Issues The case involves three different counts between Christian, an owner of a catering firm and three employees to the firm.
4 pages (1000 words) Essay
Public Law exam question
According to Charter 88, necessary action to be taken in a difficult situation is dependent on someone else's interpretation and explanation of what is meant by those encoded rules. Within the British constitution this means that a quite considerable power resides in the hands of those judges and courts.
3 pages (750 words) Essay
Business Law essay - See question in Assignment Criteria
are inapplicable in respect of certain matters that render the quality of goods unsatisfactory, namely, facts that have been specifically made known to the purchaser prior to the formation of the contract; before the contract had been made, the goods had been examined by the
4 pages (1000 words) Essay
BAM 317 - Business Law-unit 2 essay question # 2
Any person involved in copyright or duplicate work without permission of the inventor must be responsible for the action. There are several laws that govern this issue in the US. For instance, the Criminal Trade Secret Law of 1996 protects any
2 pages (500 words) Essay
BAM 317 - Business Law-unit 3 essay question # 1
A bilateral contract is relatively common in business since both parties make a promise. A bilateral contract necessitates a promise from both parties. Nearly all businesses are profit
2 pages (500 words) Essay
Business question
The more an entrepreneur forecasts more profits, the more investments he makes which in turn lead to creation of more employment. Profits are reserves for meeting future contingencies-businesses are mostly subject to many uncertainties and
2 pages (500 words) Essay
English Contract Law situational question
The paper will also seek to establish whether there was wrongful termination or not according to the provisions of the contract and whether
9 pages (2250 words) Essay
Contract Law Problem Question
The importance of contract law can also be evaluated by complexity of legal propositions and legal scenarios in both of its practical functions and in its jurisprudential functions. If we look at the English Law, it is
10 pages (2500 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation