Sunday, June 23, 2019
Aspects of Contract and Negligence Essay Example | Topics and Well Written Essays - 2250 words
Aspects of Contract and Negligence - Essay ExampleStandard form skip is very leafy vegetable in todays world it is mainly common with large companies. It occurs when companies draft terms and conditions of their arrangings with their customers. The customers argon not given an option to negotiate if they ignorenot conform to with the terms set, then their solely option is to not enter into the trim backual agreement. Unilateral agreement occurs when promises are made by bingle political party, this type of contract can be best described by an advertisement requesting any person with any information of where about of a fugitive to turn him in for a reward. Bilateral agreements, on the other hand, occur when both parties have binding terms. This is normally in commercial contracts between companies. Bilateral contractual agreement is the best in the case of Katie and the builders. This is because it allows Katie to be able to set terms as well as the builders so that the work c an be to her satisfaction. If one of the parties fails to meet the terms set, then the aggrieved party has a right to take a legal action. b) Standard Form Contracts The design of standard form contract is such that, in the event of let on of an agreement, it excludes liability or limited (Stone & Stone, 2002). A clause can be used to exempt a party from liabilities if it is part of the terms of the contract. If a party signs a document without reading it, he or she becomes bound by the terms set out in the document. If the document that sets out the terms is not signed by one of the parties, it can lead to lack of action against the party that breaches the contract. The main advantage of this good-hearted of contract is that there is no need to draft it and the terms are very certain to the parties. The risks abstruse in this kind of an agreement are circularise over to both parties making sure that none of them is on the losing side if their expectations are not fulfilled as a result of unexpected circumstances. The only disadvantage is that parties may have a hard time interpreting terms, and can even misinterpret them that can lead to a dispute resulting to breach of contract. c) Example of a Standard Form Contract An example of a clause in standard form agreement can read, Jane will not be liable for any damages caused by negligence caused by Sams company this means that Jane will not take province for damages that may occur because of Sams company negligence. d) Impact of Rules of Contract to Online Agreements The era of the internet has brought drastic change on how business contracts are carried out (Poullet, 2007). However, the rules of contracts remain the same and companies doing business online have to abide to the relevant regulations (Cavazos, & Morin, 1994, 39). These regulations were passed so that consumers who shop online can be protected as well as business people who order supplies online. The UK passed Consumer Protection (Distance Se lling) Regulations in 2000 to ensure that consumers who purchase goods and services are protected. These regulations do not apply to all kind of contractual agreement involving online transactions since they do not cover contractual agreements between businesses. They were passed as a result of a directive of EU of 1997 that provided protection for consumers involved in distance contracts (Great Britain, n.d). The regulations ensure that consumers have the right to request information concerning goods or services they are to be supplied with, and how much they cost before they can
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