Ms Edwards, on the other hand, is planning to breach her own obligations in terms of the contract, even knowing that the institution is a directly affected party, especially in terms of potential damage to the property it owns. She is further in violation of her contract by not planning to notify the university and by planning to gain financially from this breach of contract. Hence, the university could argue for its own legal standing in terms of the contract as opposed to that of Ms Edwards.
Finally, the university can also argue that Ms Edwards already experiences significant financial gain by using the premises of the university. Her weekly rental fee is £20 less than for equivalent private rental property in the area. This provides her not only with financial advantage, but also with the advantage of proximity to her place of study and the physical resources that go with such study. If the university were therefore to argue terms of fairness and reasonableness, the contract might reasonably include terms that are somewhat more specific and more stringent than those for a contract signed for private accommodation. To therefore breach the contract to gain financially for the purpose of financing an endeavour such as a holiday can only be in breach of the original contract.
According to the terms for property letting and management in the UK, negligence can be defined as "failure to take proper care"
. Before claiming that the university is liable under this definition, the terms of the contract need to be investigated carefully, along with the actions perpetrated by each party, as well as the conditions surrounding the contract and its terms.
First, Ms Edwards benefits both financially and situationally from her use of the university's property for accommodation purposes. She saves £20 per week in rental fees. She is closer to her place of study and resources used in her work than she would have been when using private...
This is valid except otherwise provided for in the contract. Even if, provided for, the provision, further, need to pass the reasonability requirement. Further credence to asserting that the clause contained in the contract had, in effect upon signing, become binding to the Landlord and the Tenant, get support from Section 3(2) (bi) UTCCA of 19996. The section stipulates that one party to the contract cannot provide that not provided
Junior Appellant The term (c) "The University accepts no liability in negligence for property damage suffered by students on University premises" is reasonable under UCTA 11(1)[footnoteRef:1] because it was a term to hold all parties accountable in cases of damage due to negligence. Each party would be required to exercise reasonable care in performance of the contract[footnoteRef:2]. This does not relieve the university from liability in case of negligence of its
Edwards could not have queried the university. As indicated with the instance of the Mp3 player, exception may exist. Given the above, we have shown how the university has a reasonable claim. Secondly, there are also specific guidelines regarding how the definition of 'reasonableness' can be defined. . The reasonableness test is the following: • the term is required to be a fair and reasonable one so that one can include in the
This functional definition underlies many academic definitions of 'lobbying,' if not the letter of Federal Election Commission reporting statutes. McGrath (2007) quotes what he calls "the most influential PR text yet written" (269-70), Grunig and Hunt's 1984 assertion that "lobbyists attempt to focus attention on issues, facts and appeals that will lead to acceptance of their clients' point-of-view." Thomas and Hrebenar (2008) define 'lobbyist' as a "person designated by an
9. Returns - defines the condition under which the product can be returned, what procedures must be used, advance notice requirements, shipping issues and the like. 10. Damages - defines procedures for reporting, estimating and recovering damages if suffered by any party. This may include penalty payments with a defined upper limit for recovery. 11. Governing Law - defines the location where litigation will occur in the event that a breach of
Thus, the initial negotiation was not a difficult choice, as Miami had both the lowest opportunity cost and the highest benefits. Later, when Washington re-entered the picture, it was because the league had raised suspicion with respect to the Miami contract with Howard. As a result, the cost-benefit analysis and risk analysis shifted. If Howard went to arbitration against the league, he would risk losing $50-60 million over the length
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