(2) Any term will be considered not negotiated if it was put in advance so the customer did not have the chance to understand the core of the term. (3) in spite of the term or the aspect is been negotiated this act will apply to the rest of the contract if the evaluation of the term shows that it was made in advance type of contract. (4) the seller will be accountable to prove that any term or condition is individauly negotiated. assessment (1) without bayous to the regulation 12, the contract term will be assessed consideration the nature of the goods which the contract was made to and the time of the contract and all the conditions involved in the contract . 2) if the contract was put in an understandable language, the assessment of fairness will not include :- (a) the main subject of the contract or, (b) the sufficiency of the price or to the adequacy of the price or compensation.
According to the EU legislation about the consumer protection, the question is that the buyer may demand the repair or replacement of goods, to have the price reduced, or to have the contract rescinded. The Directive doesn’t however regulate compensation for error or damages. Consumer protection is an area that regulations are declared to be strict law. This is due to the belief that the producer or entrepreneur is the stronger party of the contract. Strict law cannot be modified in favor to the estimated stronger party of the contract.
An exclusion clause can be contained in the contract by three different methods: Signature when the plaintiff when the plaintiff adds his/her signature to a certification, which has a contractual effect, having inside an exclusion clause, without manual intervention, it will be a part of the contract, and he/she is legally obligated to follow by its conditions. Furthermore, it happens if he/she has not comprehended the certification and in spite of whether he recognizes it or not. Thus, the group in a legal dispute will not be pledged by the exclusion clause if he/she has been verbally portrayed inaccurately as to the outcome of the exclusion
When the defendant’s wrong does not fit in any of these pigeon holes he is said to have committed no tort. Hence this theory of Salmond is also known as pigeon hole theory. However the theory of pigeon hole has been criticized by the latter writers as they feel this theory, if accepted, will put an end to the growth and evolution of the new categories of liability in tort and the Courts could be prevented from identifying any new torts based on the violation of the legal rights of a person. Torts are infinitely various and not limited and confined. The novelty of claim may arise and Court may recognize a novel claim.
The above which is based on the application of Coase theory only works if , amongst others, the [smoke] only impacts the business of the textile shop and no other businesses. No transaction cost 17. Further, there is also an assumption that there is no transaction cost. The immediate question would be whether this is a realistic condition? There are arguments that bargaining power between 2 parties are not likely to be equal in a real world.
The premise is that only parties to contracts should be able to sue to enforce their rights or claim damages in case of breach. Consideration in contract is one of the evidences which support this doctrine as both does not acknowledge the existence and the benefits of the third party. This is because they have not submitted a consideration to the party
According to an earlier case Commercial Solvent, the substance of Art.82 is reiterated that abuse of dominant position is not established solely on dominant position, but on certain risk of harm. It reminds the wording “abuse” in Art. 82. In United Brands case, the case law provides protecting legitimate commercial interests is possible but it should be done on a proportionate ground given an objective justification; and the application of this interpretation in the case is that undertaking cannot, therefore, stop supplying an order in no way out of the ordinary. In BP case, the same law interpretation is applied, but this time objective necessity was found.
Women are also stereotyped as stay at home mothers. There is an invisible restriction put on women by men that they can’t be a mother and have a full time job at the same time. Neil French, the WPP Group PLC executive stated women “Don’t make it to the top because they don’t deserve to” and that “women are rarities in the senior corporate positions because most are unwilling to make the personal sacrifices of time and energy required to be the boss” (Maich). The words spoken by this successful male go to show the inequality faced by women every day. Women have an even harder job balancing household obligations and a job.
The rights may be added to the employee’s employment contract. There are two types of rights namely explicit right that are and employees contract and implicit rights which are various pieces of legislation that are not referred to in the contract. There are also common law rights. These rights are automatically accepted as they have become part of the common law. “It is important to remember the reciprocal nature of the relationship between the employer and the employees, for what may be right for one, may be an obligation for the other” Venter et al., 2011).
In Section 190 states that “When an agent, without power, committed acts or conduct obligations to third parties, on behalf of the principal, the principal is bound by the acts or obligations if he is with words or behavior, encourage third party believes that the actions and the bonds are within the jurisdiction of the agency”. This situation makes the third party loss while the agent is not a principal’s agent. Therefore, the principal is stopped (estoppel) from denying the existence of his agent. Besides that, agency by estoppel may not arise if there is only involve actions of one agent. For example, if A tells B in the presence of X that he is X’s agent and X does not deny this statement.