Exclusion Clauses in Business Contracts Essay Example | Topics and Well Written Essays - 1750 words

Exclusion Clauses in Business Contracts - Essay Example Certain warranties or guarantees may not actually be written into a contract, yet those contractual terms are implied by statute. For example, the Supply of Goods and Services Act of 1982 makes it clear that when a sale is made, there is an implied condition that the goods that have been supplied are of satisfactory quality. While most businesses are bound to the necessity of providing satisfactory quality of goods, they can protect themselves from very high levels of liability through exclusion clauses. An exclusion clause may be inserted into a contract in order to exclude one party’s liability for breach of contract or negligence . Taking into account the standard terms of a business contract, it must be noted that exclusion Clauses of the Company’s terms and conditions of sale needs to absolve it of any liability on the condition of the goods, such that it will be invalidated only if it is unreasonable. The validity of exclusion clauses has however, been upheld by the Courts in the case of dealing between businesses who are parties of equal bargaining power . Exclusion clauses have greater validity and will be enforced more strictly by the Courts in cases where ordinary consumers are involved . Filing a claim against a business, even if an exclusion clause is contained in a contract, could make it possible to invoke the provisions of the Unfair Contract Terms Act of 1977, which is only relevant in the case of ordinary customers and not for businesses.

Can People Govern Themselves Essay Example | Topics and Well Written Essays - 250 words

Can People Govern Themselves - Essay Example According to blog â€Å"a†, a business that only puts qualified people in leadership positions gives out good result while democracy lets any fool who is elected have power and the results are chaos. To an extent, I agree with the above statement because democracy is the rule by vote and a person can be popular based on other factors other than credibility and efficiency. It is not strange to find a company that was running well on profits suddenly collapse due to poor governance based on elected leader. While it is fair to include the views of the people in running an organization or a country, it is also wise to include serious scrutiny of their character and their effectiveness to the position they are being given. Democracy is not entirely bad as sometimes people’s judgment of character can be right through various interactions with the person or people vying for a leadership position; they can be able to tell whether the person will be effective. A person with soci al skills is highly favored as he or she is thought to understand and solve problems fairly. Choosing leaders based on qualifications is the other alternative. People with high qualifications and references are thought to have a proper managerial skill, organized and goal oriented. Their dedication to their studies is believed to be also reflected in the work they are entrusted with. However, people can be highly qualified but lack the necessary values needed to work in an organization such as honesty. In summary, democracy cannot work effectively on its own.