Business Law Exemption Clause - 945 Words

1. An exemption is a clause in a contract that exempts or removes liability from one or both parties in certain circumstances. Exemption clauses are used frequently in business organization contract. These clauses apportion risk between the parties concerned and the law upholds them, assuming the parties negotiated them while drafting the contract 2. The two ways in which exemption clauses can be incorporated in a contract are: (1) Incorporation by notice and (2) Incorporation by signature. 3. I would first ask X if he was notified of the hotel’s policy while, he was checking in. If He was informed of a policy to secure valuables at the front desk, then he was responsible for his losses and Y had no obligation to reimburse him†¦show more content†¦6. Misrepresentation is: A statement of fact made by one party to contract (the representor) to the other (the representee) which, while not forming a term of the contract, is one of the reasons that induces the representee to enter into the contract. 7. In a misrepresentation case, for the courts to make its decision, it generally looks for the following two things in the representor’s statement: (1) Statement of fact and (2) Inducement. 8. In a case of Tim v Roy - T Company build concrete houses with plycemet backing instead of blocks. The marketing department of the company, market the houses as fully concrete. R purchase one of the houses from T Company at the cost you would pay for a fully concrete house. After living in the house for a month R found out that the house was not fully concrete. The plaintiff sued on grounds that he bought the house from the company because he thought the company was building fully concrete houses and he was deceived when they did not. In this case the information given by the Marketing department was of a fraudulent one therefore it was a fraudulent misrepresentation. When proving a fraudulent misrepresentation the plaintiff have to prove that the representor acted in a fraudulent manner or that they made the statement knowingly or without belief it was true or recklessly. All of the above was proven. Tanya’s Boutique v. Andrà ©a Collins – In this case, Tanya gave wrong information concerningShow MoreRelatedBusiness Law: Exemption Clause961 Words   |  4 Pages1. An exemption is a clause in a contract that exempts or removes liability from one or both parties in certain circumstances. Exemption clauses are used frequently in business organization contract. These clauses apportion risk between the parties concerned and the law upholds them, assuming the parties negotiated them while drafting the contract 2. The two ways in which exemption clauses can be incorporated in a contract are: (1) Incorporation by notice and (2) Incorporation by signature.Read MoreContract Law Enforces The Right Of Contractual Freedom1684 Words   |  7 PagesContract law enforces the right to contractual freedom. Although, when one party has a stronger position in the commercial market, he may take advantage of his position and contract away from fair legal rules . Incorporation of terms The common law finds that, in the absence of misrepresentation, when parties are signing an agreement it follows that they agree to the terms included . In L’estrange v Graucob (1934), Scrutton LJ stated that the general principle of incorporation of terms is thatRead MoreBusiness Law1361 Words   |  6 Pagescommon law? The issue of this case will be whether James can hold Happy Holiday Hotel responsible for the loss of his property notwithstanding the exemption clause found in the hotel rooms. Under the Exemption Clauses in Common Law, it states that in order for this clause to be valid, the clause must be included in the contract when the contract is made. If there is any attempt to include it in after the contract has been made, the clause will be deemed as not valid. Based on The Exemption ClausesRead MoreBusiness Law1345 Words   |  6 Pagescommon law? The issue of this case will be whether James can hold Happy Holiday Hotel responsible for the loss of his property notwithstanding the exemption clause found in the hotel rooms. Under the Exemption Clauses in Common Law, it states that in order for this clause to be valid, the clause must be included in the contract when the contract is made. If there is any attempt to include it in after the contract has been made, the clause will be deemed as not valid. Based on The Exemption ClausesRead MoreTips For A Software Start Up Company1504 Words   |  7 Pageson fundraising activities unless one of the exemptions under the Act applies. She asks you to write a memo to introduce and compare various exemptions which might be applicable. The memo should cover at least the following topics: wholesale investor, small offer and crowd funding. You may also discuss any other exemptions which you think might be relevant. To: CEO of gaming apps From: employee Date: 5/9/2015 Subject: Comparison of different exemptions applicable to fundraising activities Introduction:Read MoreAn Case Between Fiona s Company Film Fun And Goliath Plc1422 Words   |  6 PagesThis case between Fiona s company Film Fun and Goliath plc concerns exemption clauses and whether Film Fun plc, as the injured party, can seek legal relief against Goliath plc. Protection from such unfair terms is offered by the common law, most noticeably the Unfair Contract Terms Act (UCTA) 1977 and Unfair Terms in Consumer Contract Regulations (UTCCR) 1999. Many factors surrounding the clause are to be considered such as its incorporation and construction into the contract as well as legislationRead MoreExemption Clause1898 Words   |  8 PagesExemption Clause Each time a person travels on a bus, train or an airplane, buys a washing machine, computers, etc., or deposits good in a railway locker or even going to a concert, he will receive a standard form contract. There are two kinds of standard form contracts which is business transactions and consumer transactions Business transaction is one that regulates dealings between people in business for example building contracts and etc. While consumer transaction is one whichRead MoreThe Supremacy Clause : Conflict Between Federal And State Law1656 Words   |  7 PagesChristina Wood The Supremacy Clause: Conflict between Federal and State Law as it relates to Medical Marijuana The American Constitution provides for a division of government powers between the federal and state governments, as well as provides solutions in an event of conflict between these two governments. The Supremacy Clause is derived through Constitutional Law and determines that the Constitution, Federal statutes, and United States treaties contain the â€Å"supreme law of the land†, creatingRead MoreHow Charitable Organizations May Not Participate Or Intervene1678 Words   |  7 Pagestermination assessment of all taxes due, and an injunction against further political expenditures.† B. Legislative History The structure of tax exemption for charitable organizations was developed through legislation enacted between 1894 and 1969. Over that period of time, Congress established the basic principles and requirements of tax exemption, activities of tax-exempt organizations that were taxable, and defined and regulated public foundations. Early legislation was enacted between 1894Read MoreUcta Law Essay951 Words   |  4 PagesSale of Goods Act 1979 (sellers implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose) cannot be excluded or restricted by reference to any contract term. Exclusion clauses subject to reasonableness S.6(3) states that as against a person dealing otherwise than as consumer liability for breach of the obligations arising from ss.13, 14 or 15 of the Sale of Goods Act 1979 can be excluded or restricted by reference to a