StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Cases Under Unfair Contract Terms Act 1977 - Essay Example

Cite this document
Summary
The essay "Cases Under Unfair Contract Terms Act 1977" focuses on the critical analysis of the major issues on the cases under the Unfair Contract Terms Act 1977. The cases have to be fought between Reckless Department Store and the Erewhon Police Service…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER95.7% of users find it useful
Cases Under Unfair Contract Terms Act 1977
Read Text Preview

Extract of sample "Cases Under Unfair Contract Terms Act 1977"

They are also liable for the replacement of the faulty blu-ray player purchased by Bob from them although more than 3 days have passed after the purchase.

Reckless Department Store is just what their name expounds – it is reckless. One cannot hastily do business. The removal of the lower guard rails on the stairwell despite many complaints from customers was responsible for Lassie’s death. The fracturing of Bob’s skull due to the barrier’s crash on the car’s roof was also the fault of Reckless Department Store because the car park was handled or mishandled by them. Finally, the malfunction of the blu-ray player must be set right by Reckless Department Store because they cannot count the number of days Bob spent in the hospital for the sale contract (Unfair Contract Terms Act 1977, p.1).

Erewhon Police Service must take the initiative in handling all three cases. This is because of Reckless Department Store’s negligence that the mishaps have occurred. Reckless’ irresponsible behavior resulted in the loss of their dog, and loss of manpower as Bob could not report for duty during his time at the hospital.

The three cases must be handed to a legal expert who will be able to interpret the laws to their logical conclusions. Reckless Department Store is misinterpreting laws to its benefit. First of all, Reckless must have closed operations or relocated elsewhere while renovation work was going on. By not keeping business closed due to renovation, Reckless was exposing customers to myriad risks and dangers.

Reckless must be taken to task sufficiently so that it sends a clear message for Department Store and other businesses to close operation or relocate while the renovation is in progress in their premises. Otherwise, it will become easy for others to carry on business in similar circumstances and throw up their hands when faced with litigations for accidents and losses suffered by unwary customers (Unfair Terms – Regulation by statute).

There is such a thing as fairness and natural justice that demands culprits under any guise must be punished. It is adding insult to injury when after being responsible for Bob’s accident and loss of a dog, Reckless washes off its hands quoting legal contracts.

Bob, or rather Erewhon Police Service, should get a good lawyer to fight his case. Reckless is not only liable to pay medical and hospitalization costs to Bob but also penalties for the mental and physical trauma suffered by him (Legal Fine Print, 2009).

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Law Essay Example | Topics and Well Written Essays - 500 words - 5”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1565796-law
(Law Essay Example | Topics and Well Written Essays - 500 Words - 5)
https://studentshare.org/miscellaneous/1565796-law.
“Law Essay Example | Topics and Well Written Essays - 500 Words - 5”, n.d. https://studentshare.org/miscellaneous/1565796-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF Cases Under Unfair Contract Terms Act 1977

Standard of Protection against Unfair Standard Contract Terms

The unfair contract terms act 1977, which basically aimed to streamline the behavior of parties in a contract were still rampant in the United Kingdom (Forte 1999, p.... From the paper "Standard of Protection against Unfair Standard contract terms", the English law of contract has sections dealing with unfair standard terms.... n contrast, though, cases of violations of standard terms of the contract even after the enactment of the first major contract law in 1977 persisted....
7 Pages (1750 words) Essay

UK Employment Law

Now, if an employer has terminated an employment contract of an employee either under unfair dismissal or under wrongful dismissal, an employee can seek relief under any of the following processes ; a claim can be made under common law for wrongful dismissal , or a claim can be made under ERA (Employment Rights Act) 1996 for unfair dismissal or a claim can be mader under Pt XI for redundancy or Pt II under ERA,1996 .... Before the enactment of the Industrial Relations act 1971 and the Employment Protection (consolidation) act 1978, an employer had unlimited rights to dismiss an employee for any reason or for no reason with few exceptions ....
12 Pages (3000 words) Essay

Airfix Footwear LTD v. Cope [1978] ICR 1210

Cope was engaged under a 'contract of employment' and entitled to claim unfair dismissal under the Trade Union and Labor relations act 1974.... This research is being carried out to evaluate and present a case of the relationship between reinstatement orders and misconduct by an unfairly dismissed employee- note that the ERA requires the tribunal to take account 'where the complainant caused or contributed to some extent to the dismissal, whether it would be just to order his reinstatement and (if so) on what terms'....
18 Pages (4500 words) Case Study

Caveat Emptor Is this common Law Maxim undermined

he Sale of Goods Act 1893 was amended by several pieces of legislation, some of these are the Sale and Supply of Goods Act 1994, the Misrepresentation Act 1967, the unfair contract terms act 1977 and the Consumer Protection Act 1987 (Jones and Benson 2003).... With the advent of the unfair contract terms act, there was a drastic reduction in the number of such exclusion clauses that were being incorporated into contracts of sale (unfair contract terms act (as amended on the 1st of October, 2003) 1977)....
7 Pages (1750 words) Essay

English Contract Law

It was also found to be against the fair trading and hence comes under unfair contract terms act (1977) 1.... The case can be filed against the seller as it violated both English contract law and unfair contract terms act (1977).... he contract law states that once the agreement was made, the terms and conditions should be accurately followed with minor exceptions only with sufficient justification.... The violation of terms and conditions signed at the time of contract is legally punishable and hence the parties have to bind themselves to the contract strictly 2....
8 Pages (2000 words) Essay

The Standard of Care Required in Performance of Contract

In determining whether a business must assume liability, the unfair contract terms of 1977 also states that the liability imposed must be 'a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made.... In Barbara's case, the question is whether the terms of the exclusion clause will prevail.... The paper 'The Standard of Care Required in Performance of contract' presents all the three scenarios which is presented raise the issue of negligence on the part of ASL, although they evoke different aspects....
8 Pages (2000 words) Case Study

The Unfair Contract Terms Act 1997

From the paper "The unfair contract terms act 1997" it is clear that Unfair Terms Contract Act of 1977 was formulated by the parliament of the United Kingdom with an aim of controlling the terms of the contract between individuals and businesses or between businesses themselves.... The main objective of the act is to ensure fairness in contracts among the parties subscribed to it.... The act is majorly skewed towards controlling declaimers of liability....
8 Pages (2000 words) Essay

Liability in Contract Versus Liability in Tort

This essay "Liability in contract Versus Liability in Tort" focuses on magistrate courts that are an important part of the justice system that enables to fulfill its function.... Liability in a contract arises when a party fails to do what is set out in the contract.... Remedies for breach of the contract are set out in the contract document.... However, in trade and commerce, sellers regularly offer 'gifts' on condition the buyer buys other goods under a related contract....
8 Pages (2000 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us