"Discuss the effect of exemption clauses in attemping to exclude contractual liability" Essays and Research Papers

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    Contractual terms in a standard form contract and the impact of statutes on these terms P4: Describe the meaning of terms. P5:Explain the effect of terms. Task Using the Vodafone contract prepare a briefing sheet describing how statutes affect contractual terms.  You should include the following:  A description of express terms  A description of implied terms  Identify and describe the statutes and regulations affecting contractual terms   (Remember to illustrate your answer with examples

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    Santa Clause tradition

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    Santa Clause Tradition Christmas is a tradition for a majority of families across the United States. For my family it is a time for us to come together and appreciate the love of one another. Everyone gathered around a warm fire‚ drinking hot cocoa‚ singing Christmas carols‚ watching the Christmas lights glisten off the frosted ground‚ and opening presents at the break of dawn. So why do we bring a fictional character into this simply beautiful medley? Santa Clause shouldn’t be what families focus

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    The Non Compete Clause

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    The "non-compete" clause New Thesis: In society today the "non-compete" clause has gained more and more publicity. In certain industries the non-compete clause is essential to protect employers investments in their personnel. A fine example of this is in the radio industry in Florida. In 1987‚ the Florida appeals court reexamined a case where disc jockeys had signed a letter of agreement with a rival station during the prohibition period of their non-compete agreement. The disc jockeys

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    Non Competitive Clauses

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    Ochoa Law-480 Midterm Non-compete clauses and its effects The idea of a non-compete clause came from companies and corporations wanting to keep their intellectual property secret from their competition‚ whether it from for a short period of time to a long time. Every state has their own enforcement of the clause but the general rule is that the longer the time period is the less likely it will be enforced by the court. The main issues with non-compete clauses and how their expansion into the newer

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    Products Liability Outline

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    Definition of Products Liability (PL) Any cause of action having to do w/a product; not a cause of action in and of itself; rather‚ it has to do with an injury or accident arising out of the use of a product (any product sold in the stream of commerce; must be sold by a merchant)   Theories of Liabilities / Causes of Actions a.          Negligence(§ B - pp. 2 - 3)                                                                            i.      Introduction                                                                          

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    main clause or more than one main clause. There are as many clauses as there are finite verbs in a sentence. (The finite verb is the verb that changes with the person or number of the subject.) ; FORMS OF SENTENCES\ * Simple sentence: A sentence with one independent clause and no dependent clauses. Example: Ezra enjoyed the evening party. The boy finished his food quickly. * Compound Sentence: A sentence with multiple independent clauses but no dependent clauses.

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    Liability for Negligence

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    ! ! ! Liability for Negligence! 1. The Duty! PURE ECONOMIC LOSS ! Neighbour Test (Donoghue v Stevenson): Care must be taken to avoid acts Salient Features Test (Perre v Apand): Neighbour test is not enough in cases of which you can reasonably foresee would be likely to injure your neighbour. Who are pure economic loss to establish a duty of care‚ which caused a need for further persons I ought to reasonably have in contemplation as I take an action/omission. tests to identify

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    Exordium Clause Analysis

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    The first important term of the Will is the first line. This sentence is called the exordium clause. This clause revokes all prior Wills‚ which means that this is your final Will. Because of this‚ you should discard any Wills that have been drafted prior to this Will. Additionally‚ this clause also states that you live in Illinois. Therefore‚ this clause informs the executor that Illinois law has jurisdiction over your Will. The next important term is Article 1. This Article identifies your marital

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    Donoghue vs Stevenson (1932) is the first case law relevant of liability to third party. However‚ in this case‚ the liability is only established if there are physical harms of loss by third parties (not economic losses) Candler & Crane Chrismas (1951) is the next stage of development‚ where there is liability for financial loss if there is a contractual relationship‚ a fiduciary relationship or a fraud Hedley Byrne & Co Ltd vs Heller & Parties Ltd (1963) is a significant point of development

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    Auditor Liability in Canada A & B Is it reasonable for a potential investor or existing shareholder to rely on audited financial statements that a corporation makes available for public consumption? Should an investor be able to sue a corporation’s auditor if audited financial statements materially misrepresent the financial status of the company audited? a. Should a potential investor only be able to sue the corporation? b. Should there be any limit on the auditor’s liability? Negligent

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