What are the defenses to a breach of contract? If someone is accused of breach of contract‚ there are a number of defenses available to argue that a contract should not be enforced. If any of the basic contract elements are missing‚ or if the contract was made with someone of diminished capacity or for illegal purposes‚ a contract can be unenforceable. Some other examples of potential defenses to enforcement of a contract are mutual or unilateral mistake‚ duress or undue influence‚ unconscionability
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An exclusion clause is a term in a contract purporting to exclude or restrict the liability of one or more parties to the contract for breach of obligation . Exclusion clauses are controlled by common law and statute. The Unfair Contract Terms Act 1977 (UCTA 1977) and the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCR 1999) confine the extent to which an individual can exclude or limit his business liability towards consumers. The Office of Fair Trading runs an unfair terms unit which
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In building and engineering contracts it is usual to insert a provision empowering the employer to forfeit certain rights or property of the contractor on the occurrence of certain events. “Forfeiture clause” is a loose term usually used to describe a clause in a written building contract giving the employer the right upon the happening of an event to determine the contract or the contractor’s employment under it‚ or to eject the contractor from the site‚ or otherwise to take the work substantially
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We use contracts to handle a lot of things in our life. Such as‚ we need contract to rent an apartment‚ to get a wireless phone service‚ to install a cable TV‚ to get a job‚ to open a bank account etc. However‚ the contract is not simple and straightforward. There are many hidden dangers that we are not conscious. We must be careful of the hidden clause in contract in order to protect the benefit of us. At the first glance‚ you may feel eased since there are a lot of tedious clauses in contract
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SPE INTERNATIONAL Abstract Sidetracking has been proven to be a cost saving solution over drilling new horizontal wells to increase production from existing wells. Most problems that might be encountered when removing casing can be identified prior to beginning a lining removal job. By identifying these potential problems‚ the proper equipment can be used effectively to keep the job running smoothly. Technical advances in mill design such as the development of a cutting structure that effectively
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Journal of Risk Research 8 (7–8)‚ 679–691 (October–December 2005) Greenpeace v. Shell: media exploitation and the Social Amplification of Risk Framework (SARF) VIAN BAKIR* University of Glamorgan‚ Pontypridd‚ Wales Abstract This paper examines the usefulness of the Social Amplification of Risk Framework (SARF) in understanding the media’s role in risk communication. Since the SARF was created in 1988‚ it has been both further developed and critiqued for (amongst other things) its: static
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In this essay‚ I intend to talk about how the holocaust Jews "went like sheep to the slaughter" and how the movie “Schindler’s List” confirms this statement. "Schindler’s list" gives us confirmation that the Holocaust Jews "went like sheep to the slaughter” throughout many scenes in the film. We will be looking at examples from the film "Schindler’s List" that shows us how the Jews in fact "went like sheep to the slaughter” and looking at historic sources in order to prove that statement. I believe
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Running Head: TORTS AND CONTRACT LIABILITIES AND WAYS TO AVOID THEM Potential Torts and Contract Liabilities And Different Ways to Avoid Them Abstract People who do business as a sole proprietor or in a partnership are liable for the torts committed by them and for torts committed by the business and its agents. The best way to avoid tort liability is to set establish their business as a corporation or a limited liability company. A corporation or limited liability
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Society may collapse as a result of corruption. Corruption is the abuse of public resources to enrich or give unfair advantage to individuals‚ their families or their friends. Common forms of corruption are:- A business or individual pays a bribe to a government official in order to be given a government contract or license‚ the use of government owned resources‚ such as motor vehicles for private use ‚ a government official takes advantage of his or her position to favor a family member or business
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”Positionality and how this may impact on any research you undertake” ABSTRACT The following essay discuss the concept of positionality and how this may impact on any research one undertake. I have try to discuss all different concepts of Positionality and critically review…as I have try to explain that how they all are interrelated to each other and how can we apply all theories as a whole . How each standard theory contradict the other and made the study very complex one. The essay discusses
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