Download e-book for kindle: Cavendish: Business Lawcards by Routledge-Cavendish

By Routledge-Cavendish

ISBN-10: 1859417175

ISBN-13: 9781859417171

The Cavendish legislations playing cards conceal the large variety of topics to be had at the undergraduate legislations programme,as good as at the CPE/Diploma in legislations path. each of the Cavendish legislation playing cards is a whole, pocket-sized consultant to key examinable parts of the legislations syllabus. Their concise textual content, common structure and compact structure make the Cavendish LawCards excellent revision aids for deciding upon, realizing and committing to reminiscence the salient issues of every subject.

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Example text

There are two possible situations relating to undue influence, shown in the following diagram. 40 CAVENDISH L AWCARDS BUSINESS L AW 41 Contracts in restraint of trade A contract in restraint of trade is an agreement whereby one party restricts its future freedom to engage in their trade, business, or profession. The general rule is that such agreements are prima facie void, but they may be valid if it can be shown that they meet the following requirements: (a) the person imposing the restrictions has a legitimate interest to protect; (b) the restriction is reasonable as between the parties; the restriction is not contrary to the public interest.

The Unfair Terms in Consumer Contracts Regulations 1994, introduced to implement the European Unfair Contract Terms Directive, run in parallel with the UCTA. They apply to ‘any term in a contract concluded between a seller or supplier and a consumer where the term has not been individually negotiated’ and are, therefore, wider in scope than UCTA. They focus on the formal procedure through which contracts are made, rather than the substantive contents of the contract in question. They strike out terms which are unfair as being not entered into in good faith.

B) Does the exclusion clause effectively cover the breach? (c) What effect do UCTA and the Unfair Terms in Consumer Contracts Regulations have on the exclusion clause? Has the exclusion clause been incorporated into the contract? An exclusion clause cannot be effective unless it is actually a term of a contract. There are three ways in which such a term may be inserted into a contractual agreement, as shown in the following diagram. 30 CAVENDISH L AWCARDS BUSINESS L AW 31 Does the exclusion clause effectively cover the breach?

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Cavendish: Business Lawcards by Routledge-Cavendish


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