The Law of Contract Assignment Essay Example | Topics and Well Written Essays - 750 words

The Law of Contract Assignment - Essay Example The legal issues to be addressed are, whether the shop can rely on the exclusion clause and whether Laura has any remedy to recover the damages for the loss caused to her due to the fire in her hairdressing salon from Electro Mart. Laura has to establish that the shop owner cannot rely on the exemption clause in the standard terms of the contract. An exemption clause in a contract purports to exclude liability of one of the parties to the contract, under certain circumstances. The Statute sets out that no contract term can exclude or limit liability in any way for negligently causing death or injury1. Furthermore, if there is other loss or damage, liability for negligence cannot be excluded or restricted if the term of notice is unreasonable. Finally, if a contract term or notice makes efforts to exclude or restrict liability for negligence, agreement to or awareness of this is not of itself to be taken as indicative of the voluntary acceptance of any risk2. Laura was misled by the s hop assistant in respect of the usage of the stereo with the small capacity speakers at her salon. ... n clauses may be particularly harmful in consumer contracts, where the disequilibrium between the bargaining positions of the parties may be substantial."3This constitutes the reason for the existence of statutory controls on exclusion clauses, like the Unfair Contract Terms Act 1977 (UCTA) and the Unfair Terms of the Consumer Contract Regulations 1999 (UTCCR). The UCTA applies to the contract for the purchase of the stereo by virtue of section 1(3) which states that the Act applies to business liability which is defined as "liability for breach of obligations or duties arising from things done or to be done in the course of a business". The contract entered by Laura is included by virtue of section 3 which covers consumer contracts and section 12 which states that a person deals as a consumer if she neither makes the contract in the course of a business nor holds herself out as doing so and the shop owner makes the contract in the course of business. It is essential to establish that Laura is a consumer. Laura had purchased the Stereo for use at her flat and also at her Hairdressing Salon; also she does not purchase and sell Stereos. This is borne out by the case of R&B Customs Brokers Co Ltd v United Dominion Trust Ltd, in which the contract excluded liability for breach of certain statutory implied terms and the exclusion clause, was subject to section 6 of the UCTA. The Court of Appeal held that the purchase of the car was only incidental to the company's business activity, which meant that the purchase was not made in the course of business and so the plaintiff company was dealing as a consumer. Thus the defendant could not exclude liability for the breach of implied terms4. Reasonableness in respect of contract terms is clarified in section 11, which states

Management - Class Reflection Research Paper Example | Topics and Well Written Essays - 1250 words

Management - Class Reflection - Research Paper Example The last and the most important area is the way to write a flawless dissertation in a cohesive way. The Course Content and Outcome This course has provided me in depth knowledge into the various aspects of research process, and also various forms of research. Evidently, the course gives adequate knowledge about the various aspects of research according to American Psychological Association. It also teaches how to do literature review, various aspects of grammar, and also how to develop a good dissertation. The very first thing I learnt is the use of action research. Contrary to my view that research is something different from doing things practically, the course made me learn how it is possible to ‘learn while doing’ through action research. Also, for the first time, I realized that action research is different from other forms of research in the fact that it turns the people involved into active researchers too. Te researchers do things, observe changes, make modificat ions, and try again until a solution is reached. As Greenwood (1999, pp. 85-87) points out, the research takes place in real life situations and the solutions too come out in real life situations; not in just theory as it often happens with other forms of research. Also, I gained the idea how important it is to have the principles of reflexive critique. As Mike (2007) states, the term ‘reflexive critique’ means to reflect on issues and processes and to make explicit the interpretations, biases, assumptions, and concerns upon which judgments are reached. This is important to do because truth is relative to the teller. This helps developing theoretical considerations from practical accounts. In addition are the factors like dialectical critique and collaborative resources. Thus, I learnt the fact that action research is very useful in such real life situations like a workplace to solve real life problems. As Rehm and Cebula (1996, pp. 1-3) point out, another vital point i s the use of the Search Conference tool which can be effectively utilized in various organizations. Two other research areas explained are qualitative research and quantitative research. Sukamolson (n.d) opines that while qualitative research is about counting and measuring things, producing averages and differences in numbers. Qualitative research stems from social science and hence, is more concerned about people’s knowledge, attitudes, behaviors, beliefs, and fears. In addition, the course made me understand how qualitative research is more useful in identifying a large number of hidden attitudes and values that will be missed in qualitative research. For example, while quantitative research will help in identifying a trend, qualitative research will be required to find the reason behind that trend (QSR International, 2011). In addition, the study gave an insight into various forms of data collection in qualitative research. They are focus groups, direct observation, and i n depth interviews. Some other methods used in qualitative research are diary methods, role play, simulations, and case studies. Also the course helped me understand how difficult it is to conduct an extensive qualitative research as it is more labor intensive than other forms of research. Some other problems as connected to qualitative research are lack of generalizability, possibility of research bias influencing the observation, and poor reproducibility of the