Contractual Terms, Unfair Terms Legislation – ACCA Corporate and Business Law (LW) (ENG)
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20:15 (time) “The receptionist should say…” but what if they don’t, the exclusion clause is still there, but do they have to verbally point it out?
Sorry for so many questions.
The principle is that, in order to be relied upon, the exclusion clause should be clearly brought to the attention of the other party. When is an exclusion clause clearly brought…? Well that would be for a Court to decide!
OK?
Thank you, understood.
Hello Mike,
Thank you for your lectures. I am not just learning this curse for the exam but you made see reasons in applying it in real life scenario and it’s exciting to listen to you. I cannot just stop even when I have studied beyond my reading time.
I just have a concern concerning Securicor. Do you think such judgement by the judge in favour of Securicor is not a poor precedent and has any one challenged this judgement since it was passed ?
It would seem to our non-legal minds that this is an unsafe precedent. Common sense alone should tell us that the Court of Appeal was correct and the subsequent overturning by the Supreme Court was misplaced.
HOWEVER!!! Not everything in law necessarily coincides with a lay-person’s idea of common sense.
The current state of affairs is that the Securicor decision is sound. Because it establishes the basic concept of fundamental breach and the avoidance of liability in the case of fundamental breach, any subsequent situations that may arise would likely not make it to the Courts because the legal fraternity would (should?) advise their aggrieved clients against the pursuit of action in the Courts.
Does this answer your questions?
As always, you’re welcome
Thank you so much Mike.
Hi Mike, I wonder if you could help me. The following sentence regarding terms and representations is true by the ACCA free practice tests:
A representation is a statement which induces the formation of a contract but does not become a term of the contract – True
I think I’m missing something here because the Study text literally says that the representation may or may not become a term. Shouldn’t the sentence above be false then?
Thank you
Hi Feror
A representation is a pre-contractual statement made by one party to the other with the intention of persuading the other to enter into a contract. It is therefore not a term of the contract. It is potentially the case that words similar to the representation could be incorporated into the contract if and when a contract is subsequently formed but that’s not the same as a representation becoming a term
I would need to see the entire study text quotation (and I don’t have the study text!) if I were to try and make some sense of their statement but, so far as I am concerned, the identified answer is correct
OK?
Great, thank you for your help.
Hi Mike, I wonder if you could help me. The following sentence regarding terms and representations is true by the ACCA free practice tests:
A representation is a statement which induces the formation of a contract but does not become a term of the contract – True
I think I’m missing something here because the Study text literally says that the representation may or may not become a term. Shouldn’t the sentence above be false then?
Thank you for your help
Hello Mike. Your lectures are awesome and wonderful and I must say you are doing a great job. Just want to bring one thing in your notice. The subtitles (captions) in the video sometimes do not match exactly with the words you speak. It is a bit difficult to understand for non native speakers. Much Love all the way from Pakistan! Please do look into it.
can someone please summarize what course of trades is?
Thank you very much Mike. Good lecture
He has nothing to do with the subtitles. it is a built in function in youtube and you turn it on or off.
Hello Mike. Your lectures are awesome and wonderful and I must say you are doing a great job. Just want to bring one thing in your notice. The subtitles (captions) in the video sometimes do not match exactly with the words you speak. Please do look into it.