Exclusion clauses in contracts - Free Essay Example

Sample details Pages: 4 Words: 1215 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Narrative essay Tags: Act Essay Contract Law Essay Did you like this example? The issue is whether the exclusion clause Coaches Ltd intends to rely on was incorporated into the contract, and if so whether it is effective in excluding Coaches Ltdà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability. The first point is thus whether the exclusion clause was expressly incorporated into the contract. The clause was printed on the back of the invoice sent to Chelsea Ltd after the telephone booking. As the contract was oral and took place over the telephone, this means that the clause was not expressly agreed to by the parties at the time of making the contract, and it is trite law that a party cannot later unilaterally alter the terms of the contract: Olley v Marlborough Court [1949] 1 KB 532. However, the clause may have been incorporated into the contract at the time the contract was made impliedly. The relevant form of implied incorporation here is implication by course of dealing. For this to be established, three requirements must be met. The first is that there must be a course of dealing which was both consistent and regular: McCutcheon v David MacBrayne Ltd [1964] 1 All ER 430. In McCutcheon there had been dealings between the parties on four occasions prior to the one before the court, and the House of Lords found that this was an insufficiently consistent and regular course of dealing to imply a term into the contract. On the other hand, in Hardwick Game Farm v Suffolk Agricultural Poultry Producers Association [1969] 2 AC 31 there had been three or four dealings a month between the parties over a period of three years, totalling roughly one hundred dealings, and this was found to constitute a course of dealing sufficiently consistent and regular to warrant the implication of a term into the contract. Finally, in Hollier v Rambler Motors (AMC) Ltd [1972] 2 QB 71 there had been three or four previous dealings between the claimant and the defendant garage over the course of five years. Of these, only in two had the claima nt been asked to sign an invoice at the bottom of which the clause in question was printed. The Court of Appeal held, following McCutcheon, that the course of dealing was insufficient to justify the implication of the term into the contract. We are told that Chelsea Ltd had hired a coach from Coaches Ltd à ¢Ã¢â€š ¬Ã…“without any problems for the last few yearsà ¢Ã¢â€š ¬Ã‚ , but we are not given sufficient information to establish, following the cases cited above, whether the course of dealing was sufficiently consistent or regular. The second requirement is that the document in question must have reasonably been expected by the parties to have contractual effect: Chapelton v Barry Urban District Council [1940] 1 KB 532. It could be argued that the invoice in the present instance was not a document which the parties would reasonably have expected to have contractual effect, particularly if the price was agreed over the phone, which would point towards the invoice being a m ere post-contractual receipt. This would result in the clause not having been expressly incorporated into the contract: Chapelton (above) and particularly Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163. On the other hand, the document could have contractual effect if, for example, the telephone agreement was subject to the invoice, which had to be signed and returned to Coaches Ltd. Tied in with this is the third requirement that the clause in question must have been reasonably brought to the attention of the other party: Thompson v London, Midland Scottish Rly Co [1930] 1 KB 41. What is reasonable will depend on the content of the clause, as per Lord Denningà ¢Ã¢â€š ¬Ã¢â€ž ¢s famous à ¢Ã¢â€š ¬Ã…“red hand ruleà ¢Ã¢â€š ¬Ã‚  comments in J Spurling v Bradshaw [1956] 1 WLR 461. We are told that the clause was written on the back of the invoice sent to Chelsea Ltd. It is unclear whether there was any reference to the clause on the front of the invoice, or whether Chelsea L td was required to sign the invoice or in any way take notice of it, or whether it was a mere receipt: whether the clause was reasonably brought to the attention of Chelsea Ltd would depend on these facts. Consequently, it seems that there are grounds to argue that the exclusion clause was not successfully incorporated into the contract, and that Coaches Ltd should therefore not be allowed to rely on it. However, supposing for the sake of argument that the clause had been incorporated into the contract, the second issue to be considered is its validity and effectiveness. The clause in question purports to exclude all liability for (i) personal injury and (ii) damage to customers or their belongings howsoever caused, and the two limbs will be considered separately. Section 2(1) of the Unfair Contract Terms Act 1977 (à ¢Ã¢â€š ¬Ã…“the Actà ¢Ã¢â€š ¬Ã‚ ) precludes a party from relying on a term or notice to exclude or restrict liability for death or personal injury cause d by negligence (as defined in section 1(1)). Consequently, the first limb of the exclusion clause falls foul of this provision in relation to the purported exclusion of liability for personal injury caused by negligence, and is therefore void in this respect and cannot be relied on by Coaches Ltd. On the other hand, section 2(2) of the Act allows a party to rely on a clause excluding or restricting liability for damage other than death or personal injury caused by negligence, but only in so far as the clause is reasonable. The reasonableness test is set out in section 11(1), and is that the term must be one which it was fair and reasonable to include, 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. It is for Coaches Ltd to show that the clause is reasonable: section 11(5). Following the Court of Appeal decision in Stewart Gill Ltd v Horatio Myer Co Ltd [1992] QB 60 0, the clause cannot be severed by the court, and must be taken as a whole when considering reasonableness. As discussed above, the first limb falls foul of the Act, and this points very strongly towards the whole clause being unreasonable and therefore void. Further, liability is purportedly excluded rather than limited, and the clause is very broadly drafted, further factors which point towards unreasonableness. Finally, it should be noted that even if the clause were valid, it must cover the specific damage in issue to protect the defendant from liability. The approach adopted by the courts in construing exclusion clauses is contra proferentem, i.e. clauses will generally be construed against the party relying on it. However, recent cases such as McGeown v Direct Travel Insurance [2003] EWCA Civ 1606 suggest that the strict approach adopted in decisions such as Andrews Bros (Bournemouth) Ltd v Singer and Co Ltd [1934] 1 KB 17 has now been relaxed, particularly in view of the m odern approach to interpretation laid out in Investors Compensation Scheme v West Bromwich Building Society [1998] 1 WLR 898. In conclusion, it is doubtful whether the clause was incorporated into the contract, and in any event the Act if very likely to prevent its operation. BIBLIOGRAPHY Chitty on Contracts, 29th ed., Sweet Maxwell, 2004 Dobson, Charlesworthà ¢Ã¢â€š ¬Ã¢â€ž ¢s Business Law, 16th ed., Sweet Maxwell, 1997 Keenan and Riches, Business Law, 7th ed., Longman, 2004 McKendrick, Contract Law, 6th ed., Palgrave, 2005 Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Sullivan Hilliard, The Law of Contract, 2nd ed., Oxford University Press, 2006 Don’t waste time! Our writers will create an original "Exclusion clauses in contracts" essay for you Create order

How Technology Has Changed The Environment - 2190 Words

In the last decade, society has become increasingly worried about the impact that humans have on the environment. Many people believe that climate change is actively going to change the way how people live in the future. In response to the public concern, many companies are searching for greener methods of energy output. Instead of coal and gasoline, corporations are becoming more socially responsible in their actions. For example, long standing establishments like Walmart has installed LED lighting in all of their stores to cut down on energy consumption and more restaurants are switching to locally sourced and organic ingredients. Although many companies focus on particular aspects of their business, a fairly new automobile company is†¦show more content†¦With these strategies and many more discussed in the document Tesla looks to reform the entire automotive industry by keeping up high innovation and safety features in their cars. Company Overview For decades, the American car industry was extremely consolidated and large companies such as Ford and GM. The large car companies have a vast number of assets and could squash any competitor that tried to enter due to the high barrier to entry of the car industry. Even though these companies had immense numbers of resources, they still had trouble finding viable fuel sources besides gas. In 2003, a couple of engineers out of Silicon Valley had an idea that would revolutionize the car industry by finding a radical new way to power the traditional automobile (About Tesla, 2016). In Silicon Valley, two experienced engineers, Mark Eberhard and Marc Tappening wanted to build a more efficient automobile. The two found this small company out in California called AC Propulsion that created a car named the tzero. The car had a motor that could go 0-60 in 4 seconds and felt like a sports car. Both were intrigued with the extraordinary technology found in the tzero and decided to figure out why it was not main stream. Through a little research, they discovered that GM tried to manufacture an electric automobile named the EV-1, but failed miserably due to marketing troubles.

Food Security in a Global Scale Free Sample for Students

Question: Discss about the Food Security Problem. Answer: Introduction Chosen area and reason My preference topic if food security in a global scale. Food security is the state of having adequate, affordable and nutritious food to feed the world's living population. A notable fraction of the world's population are malnourished or starved according to Global 2000 Study (U.S.). (1980). The reason as to why I have chosen this topic is that, for many years now, millions of lives have been lost to hunger in different parts of the world. Food security is, therefore, a global issue that must be addressed in a bid to ensure that the tomorrow's newborns find something to eat on this planet lest human race would be in a serious food crisis. Background research. The exponential growth if world's population with a limited increase in food production has greatly reduced food security. In 1970, the world's population was 3.7 billion, (Godfray et al. 2010), a figure that has grown by 1 billion more heads every ten years up to the year 2000. During this year of rapid population growth rate, the available food resources have been strained notably. However, the population growth rate has decreased commendable due to the birth control measures in place. The current world population as of this year, 2017, is 7.5 billion which is still too high as compared to the available balanced diet food for consumption. This leaves millions of people without enough food for consumption or balanced diet requirements. According to the GREAT BRITAIN (2008), food security crisis is escalated by the uneven distribution of food available for human consumption. Some countries of the in the world like China, USA, India, and Brazil, some of the excess food produced goes t o waste where other countries millions of people are starving to death. Approximately a third of the world's produced food, amounting to estimated $680 billion wasted yearly. According to FAO (2013), 12.9% of the world's population is under threat of starvation currently as 1.3 billion tons of human consumable food goes to waste as pointed out by Pinstrup-et al, (2001). Food insecurity is more pronounced in the third world countries. Haiti, Zambia, Central Africa Republic, Zimbabwe, North Korea and Tajikistan are the most hunger-stricken countries of the world as per global food security statistics. In some of these hunger-stricken countries, more than 50% of the population rarely have more than one meal a day while others are in total starvation. Africa is leading in food insecurity as reported by Ghosh, (2010). Arguably, this is due to the rapid population growth in this continent with a slower rate of food production. A report by WHO reported that estimated 400,000 people died in Africa as a result of malnourishment, citing food insecurity in this region of the world. In 2010, Africa recorded an estimated 10 million people who were in desperate need of any food assistance. The global assistance to counter the hunger pangs in the affected Africa regions that year alone amounted to e US$800 million according to Ghosh, (2010). Moreover, approximatel y 2.6 million children under the age of 5 died every year, globally as a result of malnourishment. The world is facing food security crisis, and this requires more global attention than otherwise thought. A UN report on hunger indicates that an estimated 21,000 people die every day of hunger globally. Mathematically, this figure translated to one death every four seconds; most of them being children. Evidently, more deaths are resulting from hunger over the recent decades compared to the historical years. This, therefore, means the global food insecurity is on the rise according to Gregory Brklacich, (2005). Problem definition Food security is a global concern with millions of people starving, malnourished and others dying of hunger especially in Africa and other third world countries. The populations' growth rate, globally, and more specifically the hunger zones, surpass food production and therefore the population lacks enough or diet food in a daily basis. The key point in this situation is that; there is a global increase in population with no increase in the agriculturally viable land. Evaluation criteria The method of evaluation in this paper is whether or not a given population has enough food on a daily basis. Moreover, there are conditions stated by global organizations like Food and Agricultural Organizations (FAO) as global food insecurities by statistical analysis of the produced food about the living population. The condition of the inadequate supply of food, and or in an imbalanced diet is referred to as food security concern as to the source from FAO (2013). Assumptions or constraints. The assumptions in this paper are that the statistical population growth and predictions for future trends are accurate. Also, the predicted food production in the future is assumed to be accurate. The latter is an assumption on the fact that food production is highly affected by natural factors like the prevailing environmental conditions. The constraint to this paper is that some areas or countries don't provide enough food security data to contribute to the global statistics. Evidence for the existence of food security problem. In 2008, the world witnessed a spike in the cost of foodstuffs. Approximately 36 countries witnessed demonstration in response to this. This was marked by the overthrow of the government of Haiti on claims of failing to control the menace. In that year alone, estimated $1.2Bn was pledged as food aid in alleviating more than 75 million affected people globally. The latter was a prediction of what is to come in the future. Evidently, the spike in the prices of food globally was due to a reduction in food production about the demand for the same. There is a need for a varied diet and more production to feed the increasing population. However, the agricultural land available for profitable production of food is limited. Moreover, the farm supplies such as the fertilizers and raw materials like water for irrigation become limited. The prices for fertilizers hike with agricultural water becoming limited in supply due to reduced rainfall in the agricultural lands. Statistically, the worlds population is expected to hit 9 billion by 2050, and therefore this calls for more production to feed the increasing number of people. There is justifies the argument of an increased global population with no increase in the agriculturally viable land. The World Bank predicts that there is a need for an increase in cereal production by 50% coupled with 85% increase in meat production between the years of 2000 and 2030. The latter shows the urgency and the seriousness of global food security crisis. In 2008, 36 countries experienced food shortage and 32 countries in 2009 according to Chinnamuthu Boopathi, (2009). This year marked the lowest level of the global food reserves for 30 years. This calls for the need to grow more food. According to Thomas Toulmin (2010), the world will encounter a challenge of feeding the estimated 9 billion heads in 2050 (Godfray et al. 2010). This is likely to be true because there is food security crisis now with the current po pulation and the available agricultural land. However, some sources argue that technological know-how by that decade will compensate for the limited agricultural land with increasing demand in food. The climatic changes over the few decades have seen a rapid reduction in agricultural production in some specific mostly affected areas of the world according to Gregory, Ingram, Brklacich, (2005). Prolonged dry spells in the world have left many without food; dying in hunger especially in Africa. BEHNASSI, DRAGGAN SANNI YAYA, (2011), calls the human race to rethink of the right measures in addressing this serious menace affecting our lives. Evidently, some nations try to reduce emissions that have led to the consequent global warming and climate change, however; others make very little in addressing the later as stipulated by Lobell et al. (2008). By the projected year of 9 billion global population, 2050, the climatic conditions will be predictably worse than it is now according to Godfray et al. (2010). Food production is ls likely to be less than the estimated metric tons even under the advancement in technology. This, therefore, needs us to rethink the best way to feed the hum an race in the near future as argued out by BEHNASSI, DRAGGAN SANNI YAYA, (2011). Task 5: Journey Map for food security issue References Food and Agriculture Organization of the United Nation. (2013).FAO policy on gender equality: attaining food security goals in agriculture and rural development. Rome, Food and Agriculture Organization of the United Nations. Global 2000 Study (U.S.). (1980). The global 2000 report to the President of the U.S., entering the 21st century: A report Lobell, D.B., Burke, M.B., Tebaldi, C., Mastrandrea, M.D., Falcon, W.P. and Naylor, R.L., 2008. Prioritizing climate change adaptation needs for food security in 2030.Science,319(5863), pp.607-610. BEHNASSI, M., DRAGGAN, S., SANNI YAYA, H. (2011).Global food insecurity rethinking agricultural and rural development paradigm and policy. Dordrecht, Springer. https://dx.doi.org/10.1007/978-94-007-0890-7.GREAT BRITAIN. (2008).The World Food Programme and global food security. London, TSO Chinnamuthu, C.R. and Boopathi, P.M., 2009. Nanotechnology and agroecosystem.Madras Agric J,96(1-6), pp.17-31. Ghosh, J., 2010. The unnatural coupling: Food and global finance.Journal of Agrarian Change,10(1), pp.72-86. Godfray, H.C.J., Beddington, J.R., Crute, I.R., Haddad, L., Lawrence, D., Muir, J.F., Pretty, J., Robinson, S., Thomas, S.M. and Toulmin, C., 2010. Food security: the challenge of feeding 9 billion people.science,327(5967), pp.812-818. Sasson, A., 2012. Food security for Africa: an urgent global challenge.Agriculture Food Security,1(1), p.2. Pinstrup-Andersen, P., Pandya-Lorch, R. and Rosegrant, M.W., 2001. Global food security.The Unfinished Agenda. IFPRI, Washington, pp.7-17. Gregory, P.J., Ingram, J.S. and Brklacich, M., 2005. Climate change and food security.Philosophical Transactions of the Royal Society B: Biological Sciences,360(1463), pp.2139-2148.

Pet Overpopulation Epidemic Essay Example

Pet Overpopulation Epidemic Paper The public, government and breeders all have their hand in this catastrophic epidemic. So who is to blame for this epidemic? Since government intervention has caused more harm than foul, what will need to change in order for anything to improve? The pet overpopulation epidemic is not a myth, not something to be swept under the rug or shamelessly forgotten. This epidemic is our making and therefore our responsibility. So where does the problem really lie? One would think its 100% the fault of breeders and those multitudes of litters. But no, that is not the route of the problem, not by a long shot. Breeders are the effect of the problem, and the massive pet overpopulation is the aftermath. Yes, breeders, as a whole, are breeding more litters than there are homes for, yet, they are selling them. So why is that, why are breeders selling their litters when theres a worldwide pet overpopulation problem? Because people do not look at the purchase of a puppy or kitten as a lifelong commitment. Puppies and kittens are so cute, most are purchased on impulse. Who could, after all, resist that cute little face? Yes, the problem lies with the general public who, do not research, and buy these pets without thoroughly thinking it through. We will write a custom essay sample on Pet Overpopulation Epidemic specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Pet Overpopulation Epidemic specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Pet Overpopulation Epidemic specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Without doing their homework on the type of pet they should get, and without taking the time to learn what a dog really needs in order to be that perfect dog. They later Get Rid of their pet, passing them onto rescues or pounds. Later, most will end up Testing Out a different type of pet. The vast majority of people, who adopt a puppy or kitten, do not keep the animal for life. If this were to turn around and most people were to actually keep their pets through the good times and the bad, as they do their own children, the demand for these animals would go down. With less of a demand, breeders would not breed as any litters. Breeders are only breeding as many litters as they do, because people are buying them. The demand for a cute little puppy or kitten is great, because people do not keep the animal for life. Animals are recycled. If a breeder had a litter and could not sell the puppies, they would not keep having litter after litter. People are buying them, so breeders are breeding them. In a perfect world, breeders would breed less and force people to adopt from an animal rescue, but this is not a perfect world. The solution lies with the general public educating themselves, supply and demand, thats the elution. Lessen the demand and the supply will, on its own, lessen. The power lies within each and every one of us. Scripted by Kim Stuart (of the San Mateo ordinance fame) and her continual cross-country junketing preaching her message: The problem is simple: we have too many dogs and cats. Too many for too few homes. Another contributing factor to this huge problem is government intervention. The state run dog pounds make it way took easy to unload the responsibility of owning a pet onto someone else. Most people could Get Rid of their dogs in one day. Almost anyone can take their pets to the pound. It is very easy to Get Rid of a dog or cat at a local state run kill shelter (dog cat pound), but its not so easy to adopt a dog from one. Some years back my cousin went to a state run dog pound near his work and tried to adopt a dog. He was told it was the dogs last day, yes it was going to be killed the next day. My husband told the shelter he wanted to adopt the dog. Upon doing his paperwork he was told he could not adopt the dog because he didnt live in that county. He explained he worked down the street, didnt live in the county but worked there. No, that was not acceptable; he was not allowed to adopt the dog. The pound was going to kill the dog, but would not adopt it out to a man who lived in the next county over. These state run pounds have all kinds of rules and restrictions in place for adopting a pet, but not for dumping one. Yes, they will take your pet, and they will also kill it for you. Know if you take your dog or cat to one of these pounds chances are extremely high it will be dead in a month. The majority of cats and dogs who are taken to this state run kill shelters are not adopted out, but are killed. One might as well save the tax payers some money and kill the animals homeless. Sound harsh? Yes, it is, so dont take your pets to the pound. You took on this responsibility, now you must deal with it without dumping your problems onto someone else. What needs to change, the attitude of the general public. When one decides to buy a cute little puppy or kitten, the decision should be looked at as a 10-15 year commitment. If one cannot, or does not, wish to commit this amount of time to a dog or cat, do not buy a puppy or kitten, and then pass your problem off to someone else when it grows up and the situation does not work out as you envisioned it would. Just eke when one decides to have a human baby, things will not be perfect. The child will not be perfect. They will be expensive and press us to the end with issues to deal with. Dogs and cats are not disposable and they are not all the same. Chances are, a type of dog that will fit into your lifestyle will not be the type of dog that will fit into your neighbors lifestyle. Sometimes there is no ski type of dog that will fit into your lifestyle, and if you want a pet, consider something else, something less demanding. This Reese done before you adopt a pet, it should not be a trial and error With the internet so readily available, there is no excuse for not BEFORE adopting a pet. It should be made harder to dump union off at these state pounds, putting more responsibility on the pee Maybe than people would think twice about buying a puppy or they were not sure if they were ready for the responsibility of o life. These state run shelters are hurting the pet overpopulation more than they are helping. The world would be a better place not an easy place to dump your pets after you got tired of them no kill rescues work with people who think they want to dump needs to be harder for someone to dump an unwanted pet NC back. If you would like to try owning a dog or cat, but are not us dog / cat person, start with a full grown homeless dog or cat rat adopting a puppy or kitten.