Saturday, April 20, 2019
Contract law Case Study Example | Topics and Well Written Essays - 750 words - 1
Contract law - Case story ExampleAs Gavrilovic (2013) has noted, under the Second Schedule of the Unfair Contract Terms Act 1977, a supplier party should make fittings for the consumer as a way of fulfilling the spirit of reasonableness of contractual terms. In light of these provisions, the University has provided Ms Edwards adequate accommodation of 20 discount on her weekly rental fee. This accommodation by the University renders her alleged unreasonableness of the institutions contract terms a, b and c in the moving in agreement void.Regulation 5(1) of the Unfair Terms in Consumer Contracts Regulations 1999 provides the definition of an unfair contractual term as unrivalled that has not had the input of the consumer or one that substantially impacts the rights and responsibilities of the parties to an extent that it creates an imbalance of the duties or one that negatively affects the spirit of good faith. In this case, Ms Edwards acceptable of the tenancy contract terms offe red by the University against other less favourable options provided by the private sector can be construed to mean as a student she negotiated for the lower rental fee (Toms, 2009).A contract term that results in pregnant imbalance and thus unfair to a consumer, requires that the condition has to be seen as detrimental to the consumer and extremely near to the supplier in terms of profits (Gavrilovic, 2013). In this case, the University did not intend to benefit in both way whatsoever by limiting Ms Edwards and any other students thirst to hold parties within the institutions premises. In fact, the rule is part of the institutions work of care in ensuring that the organizations assets including the human resources are safeguarded from any harm within the Universitys property. In light of this second rule, the contractual terms are fair and reasonable to the plaintiff.Lastly, the terms which the
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