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UCTA 1977
The Unfair Contract Terms Act 1977c 50 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of disclaimers of liability. The terms extend to both actual contract terms and notices that are seen to constitute a contractual obligation. The Act renders terms excluding or limiting liability ineffective or subject to reasonableness, depending on the nature of the obligation purported to be excluded and whether the party purporting to exclude or limit business liability, acting against a ''consumer''. It is normally used in conjunction with the Unfair Terms in Consumer Contracts Regulations 1999 (Statutory Instrument 1999 No. 2083), as well as the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. The Law Commission and the Scottish Law Commission have recommended that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Act Of Parliament
Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament begin as a Bill (law), bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the Executive (government), executive branch. Bills A draft act of parliament is known as a Bill (proposed law), bill. In other words, a bill is a proposed law that needs to be discussed in the parliament before it can become a law. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a "white paper", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indemnity
In contract law, an indemnity is a contractual obligation of one party (the ''indemnitor'') to compensate the loss incurred by another party (the ''indemnitee'') due to the relevant acts of the indemnitor or any other party. The duty to indemnify is usually, but not always, coextensive with the contractual duty to "hold harmless" or "save harmless". In contrast, a "guarantee" is an obligation of one party (the ''guarantor'') to another party to perform the promise of a relevant other party if that other party defaults. Indemnities form the basis of many insurance contracts; for example, a car owner may purchase different kinds of insurance as an indemnity for various kinds of loss arising from operation of the car, such as damage to the car itself, or medical expenses following an accident. In an agency context, a principal may be obligated to indemnify their agent for liabilities incurred while carrying out responsibilities under the relationship. While the events giving ris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
St Albans City And District Council V International Computers Ltd
''St Albans City and DC v International Computers Ltd'' 996EWCA Civ 1296is an English contract law case, concerning unfair terms under the Unfair Contract Terms Act 1977. The parties were St Albans City and District, St Albans City and District Council and International Computers Limited. Facts A contract to provide software (COMCIS) for the implementation of the Community Charge ("poll tax") of International Computers Ltd limited its liability to £100,000. The software was meant to create a register of tax payers. Because of errors in the software, the loss to the council was £1,313,846. The council claimed breach of contract, and that the liability limitation was unreasonable under the Unfair Contract Terms Act 1977. International Computers Ltd claimed that the liability limitation should remain. Judgment Scott Baker J awarded the full sum because the city council was operating on International Computers Ltd's written standard terms of business and so UCTA 1977 section 3 ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith V Eric S Bush
''Smith v Eric S Bush'' 990UKHL 1is an English tort law and English contract law">contract law case, heard by the House of Lords. First, it concerned the existence of a duty of care in tort for negligent misstatements, not made directly to someone relying on the statement. Second, it concerned the reasonableness of a term excluding liability under the Unfair Contract Terms Act 1977, s 2(2) and s 11. Facts A surveyor, Eric Bush, was employed by a building society, Abbey National, to inspect and value 242 Silver Road, Norwich. Eric Bush disclaimed responsibility to the purchaser, Mrs Smith, who was paying a fee of £36.89 to the building society to have the valuation done. The building society had a similar clause in its mortgage agreement. The property valuation said no essential repairs were needed. This was wrong. But Mrs Smith relied on this and bought the house. Bricks from the chimney collapsed through the roof, smashing through the loft. Mrs Smith argued there was a duty of c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Small Print
Fine print, small print, or mouseprint is less noticeable print smaller than the more obvious larger print it accompanies that advertises or otherwise describes or partially describes a commercial product or service. The larger print that is used in conjunction with fine print by the merchant often has the effect of deceiving the consumer into believing the offer is more advantageous than it really is. This may satisfy a legal technicality which requires full disclosure of all (even unfavorable) terms or conditions, but does not specify the manner (size, typeface, coloring, etc.) of disclosure. There is strong evidence that suggests the fine print is not read by the majority of consumers. Fine print may say the opposite of what the larger print says. For example, if the larger print says "pre-approved" the fine print might say "subject to approval".AG filing against BlueHippo Especially in pharmaceutical advertisements, fine print may accompany a warning message, but this messag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stag Line Ltd V Tyne Ship Repair Group Ltd
Deer or true deer are hoofed ruminant mammals forming the family Cervidae. The two main groups of deer are the Cervinae, including the muntjac, the elk (wapiti), the red deer, and the fallow deer; and the Capreolinae, including the reindeer (caribou), white-tailed deer, the roe deer, and the moose. Male deer of all species (except the water deer), as well as female reindeer, grow and shed new antlers each year. In this they differ from permanently horned antelope, which are part of a different family (Bovidae) within the same order of even-toed ungulates (Artiodactyla). The musk deer (Moschidae) of Asia and chevrotains (Tragulidae) of tropical African and Asian forests are separate families that are also in the ruminant clade Ruminantia; they are not especially closely related to Cervidae. Deer appear in art from Paleolithic cave paintings onwards, and they have played a role in mythology, religion, and literature throughout history, as well as in heraldry, such as red dee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Levison V Patent Steam Carpet Cleaning Co Ltd
Levison is a surname. Notable people with the surname include: * Alan Wendell Levison, birth name of Alan Wendell Livingston (1917–2009), American music executive * Catherine Levison, American writer and public speaker * David Levison (1919–2012), Scottish minister * Ejnar Levison (1880–1970), Danish fencer * Harold F. Levison (born 1959), planetary scientist * Iain Levison (born 1963), Scottish-American writer * Jay Livingston (born ''Jacob Harold Levison'', 1915–2001), songwriter * Levison Wood (born 1982), British Army officer and explorer * Mary Levison, (1923–2011), Church of Scotland minister * Nat Levison, British actor * Sarah Rachel Russell (1814–1880), British con artist who went by Levison * Stanley Levison (1912–1979), American businessman * Wilhelm Levison (1876–1947), German medievalist See also * Leveson Leveson is a surname. The name as printed can represent two quite different etymologies and pronunciations: #A Leveson family who were Merc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stewart Gill Ltd V Horatio Myer & Co Ltd
Stewart Gill Ltd v Horatio Myer & Co Ltd. is an English contract law case relating to the Unfair Contract Terms Act 1977 (UCTA). Facts Horatio Myer & Co Ltd was buying an overhead conveyor system from Stewart Gill Ltd. It was defective. Myer refused to pay the last 10% instalment. Gill sued. Myer sought to set off the amount it owed against other sums of money it was due to pay, which is a defence to an application for summary judgment. Gill argued that clause 12.4 of the conditions of sale applied, which said ‘The customer shall not be entitled to withhold payment of any amount due to the company under the contract by reason of any payment credit set off counterclaim allegation of incorrect or defective goods or for any other reason whatsoever which the customer may allege excuses him from performing his obligations hereunder.’ The first issue was whether the clause fell into UCTA 1977 and the second was whether it was unreasonable. Judgment Lord Donaldson MR, noting there ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Person
In jurisprudence, a natural person (also physical person in some Commonwealth countries, or natural entity) is a person (in legal meaning, i.e., one who has its own legal personality) that is an individual human being, distinguished from the broader category of a legal person, which may be a private (i.e., business entity or non-governmental organization) or public (i.e., government) organization. Historically, a human being was not necessarily considered a natural person in some jurisdictions where slavery existed (subject of a property right) rather than a person. Definitions According to Maria Helena Diniz, an individual or natural person "is the human being considered as a subject of rights and obligations". Every human being is endowed with legal personality and, therefore, is a subject of law. According to Sílvio de Salvo Venosa, "legal personality is a projection of the intimate, psychic personality of each person; it is a social projection of the psychic personality ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Auction
An auction is usually a process of buying and selling goods or services by offering them up for bids, taking bids, and then selling the item to the highest bidder or buying the item from the lowest bidder. Some exceptions to this definition exist and are described in the section about different types. The branch of economic theory dealing with auction types and participants' behavior in auctions is called auction theory. The open ascending price auction is arguably the most common form of auction and has been used throughout history. Participants bid openly against one another, with each subsequent bid being higher than the previous bid. An auctioneer may announce prices, while bidders submit bids vocally or electronically. Auctions are applied for trade in diverse contexts. These contexts include antiques, paintings, rare collectibles, expensive wines, commodities, livestock, radio spectrum, used cars, real estate, online advertising, vacation packages, emission trading, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sale And Supply Of Goods To Consumers Regulations 2002
Sale may refer to: Common meanings * Sales, the exchange of goods for profits * Sales, discounts and allowances in the prices of goods Places *Sale, Victoria, a city in Australia *Sale, Myanmar, a city *Sale, Greater Manchester, a town in England *Sale (Thrace), an ancient Greek city *Sale, Piedmont, a commune in Italy *Salé, a city in Morocco **Republic of Salé, a 17th-century corsair city-state on the Moroccan coast *Şäle, also transliterated Shali, Republic of Tatarstan, a village in Russia *Sale (Tanzanian ward) *Sale Island, Canada People *Sale (Berkshire cricketer), an 18th-century English cricketer *Sale Ngahkwe (c. 875–934), a king of the Pagan dynasty of Burma *Sale (surname) Other uses * Sale, a grocery store chain in Finland *''The Sale'', an album by the American progressive rock band Crack the Sky *BOC Aviation, formerly Singapore Aircraft Leasing Enterprise (SALE) *Sale Sharks, rugby union club, often referred to simply as Sale See also *Sales (disambiguati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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