Law Essay Example | Topics and Well Written Essays - 2250 words

Law - Essay Example However, the introduction of numerous statutory instruments and the principles of Judicial Interpretation place restrictions on the use of exclusion clauses. Another aspect of legal disputes in commercial contracts involve the situation where there is damage to property that belongs to one of the parties in the contract after an order is placed. There is a question of which is liable for damage. This paper is in two parts based on the question in the scenario. The first part examines the effectiveness of a clause that AOL has integrated into the contract which excludes liability for several things and how this can be used to relieve AOL for misrepresentation. The second part examines the obligations that AOL owes to Shoeground Ltd in view of shoes that they ordered which have been damaged. PART 1 1.1 Issue The question requires that we examine the ability of Clause 3 to be used to exclude responsibility for misrepresentations. In doing this, there is the need to examine some importan t things: 1. The appropriateness of the use of Clause 3 as an Entire Agreement Clause and what intervening Statutes and Judicial practices can affect the use of the Clause to exclude liabilities for misrepresentations. ... The Misrepresentation Act of 19675, as amended by the Unfair Contract Terms Act 19776 restricts the possibility of using exclusion clauses to limit liability for misrepresentation. Section 3 of the Misrepresentation Act states that if a term in a contract excludes liability for misrepresentation, any remedy available to the other party by reason of such misrepresentation, that term shall have no effect unless it satisfies the requirements of reasonableness in Section 11 (1) of the Unfair Contract Terms Act 1977. This means that in an event of a misrepresentation by one party in a contract, that party cannot rely on any exclusion clause to prevent his liability for misrepresentation. In Overbrooke V Glencombe7 it was held that the need of a principal to disclose restraint of the authority of his agents were not enough to prevent him from the effects of Section 3 of the Misrepresentation Act. This is because the principal stated that he was not responsible for the representations of hi s agents. The court held that the agents were acting in his name as such, the inclusion of a clause limiting their involvement did not make him exempt from Section 3 of the Act. The principal was held liable. However, in some instances, an exclusion clause for liability for misrepresentation could be accepted by the court if it is reasonable. The reasonableness test is laid out in Section 11 (1) of the Unfair Contract Terms Act 1977. First of all, the exemption clause should have been reasonable enough to have intended the terms are the time of the contract8. This means that the term might have been in a way that a reasonable person could have inferred its impact and invested sufficient efforts to do diligent checks. Secondly, the exemption clause for misrepresentation

How to Write an Essay Checker

How to Write an Essay CheckerIf you are a student in the United States, and especially if you are one of those students who will be attending college soon, it is very important for you to read and master the simple techniques of how to write an essay checker. The essay checker is an essential part of most college programs, as this is the main way in which your academics are evaluated.The technique of writing an essay checker is to gather the answers that the examiner asks, such as, 'What made you write your essay?' Or, 'Why did you write this essay?' This is where the essay checker comes in.The purpose of the essay checker is to determine whether or not the essay is adequate for the exam. For this purpose, you will need to write on three points. First, you must write your thoughts on why the students taking your course ought to take it. Second, you should explain why you are taking the course in the first place.And finally, you need to write what your writing interests you, and why y ou want to write on this topic. However, you do not have to analyze everything on the spot, but rather you must try to determine what your strong points are, and the areas in which you lack.You do not need to worry about the details when you are studying on how to write an essay checker, but rather you must concentrate on completing your paragraphs. Your thoughts on the paragraphs must flow smoothly, without confusion or thought gaps. An improper and sloppy writing style can cause the essay checker to raise doubts in the mind of the examiner, thus lowering your grade.As you are trying to master the basics of how to write an essay checker, you will also have to recognize and understand the question-answer form. The best way to master this part of essay writing is to understand how the questions are constructed.The technique of how to write an essay checker does not have to be difficult. It only requires you to read and learn a few techniques, and you will find your grades going up si gnificantly.

Survey Paper of open-source software and it's use in enterprise and Essay

Survey Paper of open-source software and it's use in enterprise and government - Essay Example Open source software enables businesses and government institutions to access and offer certain services that otherwise would have cost lots money to install and use. This survey paper aims to conduct an in depth analysis of past research literatures on the use of open source servers by enterprises and government organizations. Further, the paper analyzes how these organizations use the open source servers to efficiently perform their activities. Objectively, this survey paper seeks to relate elementary analysis of open source servers in business and government institutions as studied by other researchers in the past. Finally, the paper puts into context all the exclusion as well as inclusion results of the analyzed literature reviews about open source usage in businesses.   As a result of the widely and broad technological improvement and innovations, businesses and government organizations all over the world are in the rash to cope with these changes. It should be noted that the basic aim of any business is to maximize profit while minimizing cost. However, a successful business should also consider long term growth plans through installing an effective business operations system. On the other hand, government institutions may also want to put into place effective service delivery systems to its citizens (Bitzer & Schroder, 2006). The later considerations bring about the importance of integrating computing system into these organizations. There are different types of computer systems and some of them are more sophisticated than others. In addition, some of them have strong variance in their functionalities while others are more or less related. While business and government institutions may afford to use premium computing systems, there has been a growing demand and usage of open source servers. This reality could be attributed to the fact that some of these computing systems are free or cost effective as

Introducing Writing Conclusions Research Essay

Introducing Writing Conclusions Research Essay The Bizarre Secret of Writing Conclusions Research Essay The very first person singular won't work in any way. In addition, your conclusion is the section where it's possible to choose the opportunity of having the previous word on this issue available. You should have your reasons, and our primary concern is that you find yourself getting an excellent grade. Finish off by commenting on the importance of the problem, creating a prediction about the future of the problem, or a recommendation to cope with the problem accessible. Writing a conclusion is a significant portion of any bit of writing. Writing a superb conclusion is not a simple deal. The previous sentence may have a parallel or compound to present the balance that might help to understand the entire idea at the close of the research paper. Writing sentences made from single-syllabus words may be the secret to good research paper conclusion. The ending of the essay T he use of the essay's Conclusion is to restate the major argument. It is not the place where you need to insert new information or claims that you haven't discussed anywhere else in your essay. Even a brilliant essay cannot get a very good grade if it doesn't answer the question. Make certain your thesis is stated not just in the conclusion but in addition in the introduction and in the body portion of your paper. Also, you'll need to alter your thesis and complete the essay, developing a proposal of your view on the matter. As soon as you've restated the subject of the research, you've got to restate your thesis statement. Regardless of what essay topic you've been given, our essay generator will have the ability to finish your essay easily. In an essay, it might be somewhat tricky. It should attempt to spell out why you're writing the essay. As an example, whenever you are writing a literary essay, you must be sure your main. Highlighting the demand for additional research provides the reader with evidence that you've got an in-depth awareness of the research issue. In a dissertation or thesis, it's more probable that you are going to have a section on the demand for future research. The key to numerous dissertations and theses is the should emphasise the contribution it makes to research. Most research papers seek to produce a student step beyond the existent bounds of solid wisdom and further scholastic discussion on a topic. The ideal structure for a research paper comprises an introduction and a conclusion that are linked to one another. When writing a research paper, you're utilizing different authors' information so as to present a claim. A typical research paper would make it possible for an elaborative conclusion that may spawn over the duration of a couple pages. This technique is extremely effective particularly when you are writing a research paper on social or political problems. A conclusion may also enable you to push past the boundaries hence enabling you to consider broader issues, and elaborate on the value of your findings. Depending on the type of paper required, it may need to fit somewhat different requirements. Any conclusion contains a couple elements, so you can pick various approaches depending upon your agenda and the paper type. All conclusion does answer the key research question mentioned in the introduction. For example, if you started your research with a question, conclusion is an ideal place to offer an answer in their opinion. The conclusion provides you with an opportunity to possess the last word on the subject accessible. It is not a place for one to place his or her methodology or even results. Your conclusion is your opportunity to have the previous word on the topic. There are not any steadfast rules that you will need to adhere to as you write. In reality, including a meaningful conclusion can occasionally be the best challenge. The sole critical mistake you'll be able to make is to demonstrate a distinct disrespect.

The Top Secret Truth About Best Essay Writing Software for College Free Exposed

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