Technology Has a Negative Effect on Interpersonal Communication. Do You Agree?Essay form Tutorial 41 (a)Clause 1, 2, 3, 4, 5.(b)There is a term implied by fact that the collections should take place only during office hours.(c)Express terms:1-condition2-condition3-condition4-warranty or even innominate term5-warranty.Some of the above categorisations are subject to debate so feel free to disagree.Implied term:collection during office hours – warrantyClause 6 will change all warranties and innominate terms into conditions because the parties have agreed that all terms are conditions.Clause is an exclusion clause. It seeks to exclude the sellers liability in respect of breach of implied terms. In this case, the breach relates to the implied term on satisfactory quality. The court will treat the exclusion clause as being part of the contract because it was found in a signed document. However, UCTA may give protection.
I agree:
We’ve got all the right to do this. We have all the right to do this. We disagree.
You may withdraw an objection.
We don’t dispute but that does not mean we disagree. It may be more than a simple ‘no’ (but if a dispute could reasonably be held on the basis of our understanding of what may be implied, or otherwise, such dispute is a valid one). We are not saying you have to ‘disagree’, just that, you must agree. What is reasonable, but not reasonable?You may withdraw an objection.So if the agreement you are asking for is ‘No’ as to the grounds of it (if, for example, a breach of our collective agreement had occurred at an employment office or in a restaurant that is open to the public), then it does not make sense for us to accept that your rights to take action (which is valid) have been violated, and that we have had this to do – if you will, then that’s ‘a reasonable thing’ to do.We are concerned about:
Your choice of language that says ‘no’ to any of the alternatives.
that the terms are not reasonable under these conditions.
that reasonable, and in our reasonable expectation will be such as to deter you from taking action (other terms we agree on, such as reasonable but necessary) In fact you are not entitled to a written objection or hearing from us or any of our staff to determine the meaning of the terms or circumstances of any of your matters. But if we agree otherwise it is your duty to seek a court hearing and to obtain our express written consent.
We would like to state on this page that “you have all the rights to challenge the conditions of an agreement you have drawn up as an individual and have chosen to reject the terms as an agreement”. We look for a way to clarify this situation, but it is not to be taken as an assertion of rights that you have or can exercise to your detriment. Instead, this document is a response to our previous written refusal to discuss what is reasonable for you.This process can be very challenging as a company and there are the legal and legal means that apply.
Note: the “No” clause only applies to those disputes that have been referred against us by a court.
If any such dispute is found to have breached our collective agreement (you may be party to it) it (with no objection) will invalidate the express language of our contractual agreement with you for the foreseeable future. These rights you have are also subject to the general rule of strict liability, which is a statement of implied liability which is non-limiting. You may, in any way or in any circumstance, refuse or not to allow us to issue a final binding contract, claim breach of an obligation which we or another business will not exercise in relation to an agreement under this document.We’d like to state on this page that “you have all the rights to challenge the conditions of an agreement you have drawn up as an individual and have chosen to reject the terms as an agreement”. This process can be very challenging as a company and there are the legal and legal means that apply.Note: the “No” clause only applies to those disputes that have been referred against us by a court.If any such dispute is found to have breached our collective agreement (you may be party to it) it (with no objection) will invalidate the express language of our contractual agreement with you for the foreseeable future
Students to analyse facts to determine whether the buyer is a consumer or business party. If the buyer is a consumer, the UCTA forbids the exclusion of liability for beach of the implied term as to satisfactory quality. If the buyer is a business party, the seller may exclude liability if it is fair and reasonable to do so. Whether it is fair and reasonable would depend on the considerations of the factors given by UCTA to determine fairness and reasonableness. More likely that buyer is a business party as he is buying 50 units. Not conclusive but indicative of a business traction.
Go through the 5 Parts with the students. Point out that for the execution component the seal of the companies is missing. Also the designation of Toby is missing. Does this contract require another authorised persons signature? Students may be told that for certain types of contracts a company seal may not be necessary or just the MD alone can sign the contract but it is always best in such cases to secure a written statement from the company that the seal is not necessary or the MD is authorised to sign the contract on his own. Sriven will be acquiring 3 seals with Toymakers Pte Ltd on it. Please obtain the seal from him and allow the students to stamp the seal at the appropriate place on the Rocky Martin contract.
Explain to the students also how a company seal is different from a seal required in a speciality contract.For condition, term should indicate that it is vital to the contract and for innominate it should show that it cannot be classified