Saturday, August 24, 2019

Analysis of the Contract Law Cases Assignment Example | Topics and Well Written Essays - 2750 words

Analysis of the Contract Law Cases - Assignment Example The organizer or the person who got the contract from the company can express disclaim for all the liability and damage to persons or goods including the exhibits or furnishings in the premises. This exclusion of the liability generally will be irrespective of cause or responsibility. The exclusion of the liability cause will be complete if the damage is a result of the organizer’s buildings or furnishings. In this contract, this exclusion is not included. The damage due to the external causes can be excluded and the remaining damages can be excluded from the liability of the contractor to whom the retail sales contract has been awarded. The liability cause is limited to the internal cause in case of damage and the external causes cannot make contractor bind over for the damage. In the third express term, the price variation clause of raw material can be considered. This is because the company is awarding a retail sales contract. This should include the wage variation that cau ses price variation. In the case of industrial tenders, the raw material supplied can be considered for the price variation. In the case of retail sales, the goods supplied by the company to the retail contractor can be considered as the raw material and the price variation clause can be applied. The supplier has to mention the base price of the material supplied to the retail contractor. According to unfair contract terms act 1977, the references to liability are needed to be considered. The liability of an occupier of the premises for breach of an obligation or duty towards a person obtaining access has to be mentioned in that context. This access is restricted because the company awarding the contract can claim that the equity regarding the premises and the business is owned by it. Here this clause can be termed as unfair because the contractor who got permission for retail sales from the company is paying an amount to the company and the amount includes the value of the material supplied. If the company wants to own the equity, it can take the money as deposit regarding the material supplied only.        Ã‚  

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.