Woodman V Photo Trade Processing Ltd
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Woodman V Photo Trade Processing Ltd
''Woodman v Photo Trade Processing Ltd'' (1981) 131 NLJ 933 is an English contract law case concerning unfair contract terms. Facts A photograph developing shop, Photo Trade Processing Ltd, lost some snaps from a wedding. Its standard contract clause excluded liability for damages which exceeded the cost of the material itself. Judgment Clarke J held that the photo shop was liable to Woodman for the loss of the photographs, because other alternative sources of supply were not shown to be available nearby and the photo shop had not offered a service without the exclusion clause under the Unfair Contract Terms Act 1977 sections 2(2) or 3. Other ways that the customer's needs could be met were still relevant for this service contract through the reasonableness test under Schedule 2, even though its listing in Schedule 2 on the Act's strict wording, are only relevant for supply of goods (sections 6 and 7). The Code of Practice agreed between the OFT and the Photographic Industry envi ...
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English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth of Nations, Commonwealth (such as Australian contract law, Australia, Canadian contract law, Canada, Indian contract law, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a Voluntariness, voluntary Law of obligations, obligation, contrasting to the duty to not violate others rights in English tort law, tort or English unjust enrichment law, unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and UK human rights law, human rights. Generally a contract forms w ...
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Unfair Contract Terms Act 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 ...
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Peek V North Staffordshire Rly Co
Polyether ether ketone (PEEK) is a colourless organic thermoplastic polymer in the polyaryletherketone (PAEK) family, used in engineering applications. The polymer was first developed in November 1978, later being introduced to the market by Victrex PLC, then Imperial Chemical Industries (ICI) in the early 1980s. Synthesis PEEK polymers are obtained by step-growth polymerization by the dialkylation of bis phenolate salts. Typical is the reaction of 4,4'-difluorobenzophenone with the disodium salt of hydroquinone, which is generated in situ by deprotonation with sodium carbonate. The reaction is conducted around 300 °C in polar aprotic solvents - such as diphenyl sulfone. Properties PEEK is a semicrystalline thermoplastic with excellent mechanical and chemical resistance properties that are retained to high temperatures. The processing conditions used to mould PEEK can influence the crystallinity and hence the mechanical properties. Its Young's modulus is 3.6 GPa a ...
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Railway And Canal Traffic Act 1854
The Railway and Canal Traffic Act 1854, also known as Cardwell's Act, was an Act of the United Kingdom Parliament regulating the operation of railways. The railways were already considered to be common carriers and thus subject to the Carriers Act 1830, but the 1854 Act placed additional obligations on the railways due to their monopoly status. Each railway company was now required to take all trade offered and to set and publish the same levels of fares to all in respect of any particular service. The Act marked a milestone in English law and has also served as the foundation of similar legislation in the United States. It is one of the Railway and Canal Traffic Acts 1854 to 1894. Historical context The introduction of the railways from the 1830s onwards led to new possibilities for the transport of goods which previously had not been commonly carried at all. This led to the courts affording a certain degree of latitude to railway carriers, permitting them to make agreements ...
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English Contract Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Englis ...
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