Law of Business Transactions assignment Essay Example | Topics and Well Written Essays - 2000 words

Law of Business Transactions assignment - Essay Example nited Floors Ltd had included an exclusion clause in its contract, which required intimation of any alleged defects within three weeks of fitting the carpets. As such, it had included a clause, whereby its liability per contract was to be restricted to five hundred pounds. Peter is seeking refund of the two, thousand, three hundred pounds paid by him and compensation for the business lost, during the time the carpet was being replaced. United Floors Ltd refuses to accept and relies on its exclusion clause. An exclusion clause can be enforced by resorting to adhesion contracts or standard form contracts. The party which draws up such contracts offers negligible choice to the other party to the contract. In the words of Downes, an authority on contract law, wherever, there is great disparity in the bargaining power of the parties to the contract, exclusion clauses can prove to be extremely prejudicial.1 Legislation like the Unfair Contract Terms Act 1977 or UCTA and the Unfair Terms of the Consumer Contract Regulations 1999 or UTCCR have been enacted, in order to exercise stringent control on the use of exclusion clauses. The UCTA makes a business liable for not fulfilling obligations or duties that are consequent to what has been done or is to be done in the normal course of business2. Peter’s contract with the United Floors Ltd is subject to the UCTA, because consumer contracts fall under its purview3. In contractual terms reasonableness is of paramount importance and the UCTA verifies as to whether an exclusion clause, after taking into consideration the circumstances that should have normally been known to the contracting parties, is rational4. In this manner the UCTA grants wide discretion to the courts, in determining whether an exclusion clause is reasonable or not. If a contracting party wishes to take recourse to an exclusion clause in the contract, then the onus of establishing its reasonableness rests on it5. The UTCCR deals with all the contractual

Greek Civilization Essay Example | Topics and Well Written Essays - 1500 words

Greek Civilization - Essay Example The roles which have been assigned to men and women are natural and that they should live by them. It is imperative that whatever roles that exist between a man and a wife, they are not to be substituted; this is because various adaptations have been given to either of them so that they can be able to perform the assigned responsibilities. In making a man and a wife, God did it with the intention that there will be the concept of one party giving and the other party receiving. For instance, a wife was made with little ability for outdoor activities, instead, she was given the will and knowledge for indoor activities, these include housekeeping, the nurturing of new born babies and a great affection for the new born and the family at large. For the wife to be comfortable, the man provides security in the home, he has been given the ability to provide courage to the wife. All these things work well where sharing is done. When these two parties stick to their various roles, there is bound to be ultimate success. Ischomachus became a great wealthy farmer because he was able to train his wife to manage house chores, rule and train slaves. This made him concentrate on managing those activities that were more outdoor and hence succeeded. In a definite case, it needs to be that way. When a man and a wife concentrate in the areas of their expertise, they often excel. For instance, in his conversation with his wife, Ischomachus points that a shelter is very important for people, they should have a cover on their heads. Unfortunately, as soon as these things have been done, new needs will always come again, hence the need for one who will constantly do it, who in this case is the man. Ischomachus notes that the couple ought to procreate. The man and the wife grow old and at one point in time, their efforts need to be complemented. Having children gives them a chance to