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 for in the contract. Rather, any other provisions lie at the discreet choice of the party offering the provisions.
The above Section, therefore, explains that since a contract existed between the Landlord and the tenant, each party got bound by the terms contained in the contract. Therefore, the tenant deserves no right, in light of the contract, to demand that the landlord take responsibility on damages incurred as per the MP3.
In the court case of Suisse Atlantique Societe d'Armement Maritime SA v Rotterdamsche Kolen Centrale7, the issue of the use of understandable language in contracts undergoes examination. In Part 3 of the determination of the case, Lord Reid sums up the complexity of language involved in contracts. He stipulates that the use of simple and intelligible language in contracts avert misunderstandings and arguments.
The possibility that consumers do not, in most cases, take due diligence in reading the terms of contracts comes to the fore in the aforementioned case. Therefore, upon realization that the terms restrict them in one way or another, they get taken by surprise8. The simplicity and intelligibility of the language used in drawing up the contract between the Landlord and the Tenant rules out the possibility of the misunderstanding of the contents of the contract.
Therefore, in light of the case at hand, the possibility that the Tenant did not diligently read and understand the terms of the contract9. This failure on the part of the Tenant should not enforce the taking of liability by the landlord. Therefore, on this basis, the landlord needs exonerations from any blame in the misunderstanding of the contract.
In summary, and as reflected from the above submissions, the Honorable Court erred in terming the Clause in the contract as unreasonable. Further, if the need arises that the clause get struck out, then, according to the ruling in the case of Olley v Marlborough...
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
On the strength of this, the university can argue that it has fully upheld its responsibilities and the terms of the legally binding contract it has signed with Ms Edwards, with full disclosure and with full knowledge by both parties. 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
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
The sources provided background and reviews of published literature: Holmstrom (1996); Marcus-Mendoza (1995); and Osler (1991). Finally, three reports took on a narrower focus in investigating boot camps: Clark and Kellam (2001); Mueller (1996); and Souryal, Layton & MacKenzie (1994). Burns and Vito (1995) examined the effectiveness of Alabama boot camps. In Alabama, overcrowded prisons brought on interest at the state level for prison boot camps. State prison boot camps
Com. In case of several companies, enhancing customer relationships is among the most capable features of e-commerce. However, whereas the Internet has presented the consent of a novel method to draw and communicate with the customer, hardly few enterprises have discovered a method to efficiently manage interactions with their customers on the Internet. (David, 2000) The real skill is involved in making the device suitable to accomplishment of the business strategy
The student has provided research on various vibration analytic techniques such as the use of Laser Vibrometry for Damage Detection using Lamb Waves in discovery processes to detect microcracks. Outcome 3. The Information Literacy competency was satisfied through the research efforts made by the student through data gathering regarding aircraft structures and vibrations qualification techniques retrieved from the MIL-STD-810F and NASA Langley Research Laboratory. Techniques include Fatigue Damage Spectrum (FDS)
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now