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Essay / Research Paper Abstract
This 3 page paper looks at two contract cases. In the first an electrician undertakes work negligently that results in a fire and tries to rely on an exclusion clause to relive him of any liability. The second case considers a microwave oven that catches fire on first use. Both cases are discusses using English statute and case law. The bibliography cites 3 sources.
Page Count:
3 pages (~225 words per page)
File: TS14_TEsalegd.rtf
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Unformatted sample text from the term paper:
and therefore many protections afforded by consumer law may not be applicable. In the first contract an electrician has been engaged to undertake rewiring work. They undertake work which
includes a main fused installed incorrectly and when the installation goes wrong and causes a fire the electrician tries to use a clause in the contract that states " The
electrician accepts no liability for any loss or damage arising from the installation, howsoever caused". However, we can argue that just because there is an exclusion clause in the
contract, which may be argued as an express term, this does not mean it is binding. The relevant statute here is the Unfair Contract Terms Act 1977 (UCTA). This act
gives the courts the power they need to regulate contracts. The courts often decline to determine what is an is not fair in a contract, seeing it as outside of
the role of the courts. However, there are some clauses that can be regulated, including clause such as this. There is no doubt that the work was carried out negligently.
Under the UCTA section two does not allow liability for negligence to be excluded fort he contract. There are two elements here section 2 (2) states that this cannot be
excluded apart form where it is reasonable to do so. Section 2 (23) also states that were there is an exclusion in the contract, just because the other party is
aware of it is not sufficient to indicate there has been a voluntary acceptance of the risks (McKendrick, 1998). This would appear
to apply as negligence is defined under section one of the act as "arising form express or implied terms of a contract, to take reasonable care or exercise reasonable skill"
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