They are:- Whether the notice and clause are incorporated into the contract? Whether UCTA and UTCCR applies? Whether Robert can claim damages on his broken arm and Rolex watch? Whether Lucy can claim damages on the stolen coat? 3.0 Application 3.1 Methods of incorporation An exclusion clause is a term of the contract which attempts to exclude or restrict one's liability which he would otherwise owe to the other. In Henderson v Stephenson1, the court held that the absence of a notice on the front of the ticket referring to clauses on its rear rendered the clauses invalid.
The final issue that needs to be considered is whether the offer once made can be withdrawn or revoked. The general rule is that the offer can be revoked up until the time it is accepted. The offer was announced in the Sunday sentinel and then cancelled the following day. Bel did not post her entry until Tuesday which meant that the newspaper had already revoked the offer before she had accepted it. However since Bel missed the cancellation of the offer in the Monday edition of the newspaper it can be argued that she had accepted the offer before she was made aware of the cancellation.
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Conclusion analysis
Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.
Do they use key words from the title or question?
Do they answer the question directly?
Can you work out the question or title just by reading the conclusion?
"All the relevant factors need to be considered, and as long as the employment tribunal takes these into account, their decision will be a question of fact and their finding can not be challenged unless they came to the conclusion which could not be reasonably obtained by any other tribunal.
The only thing that is certain is that if there is control, no delegation and a mutuality of obligation the court should find a contract of employment.
Going back the original question, it is clear that the tests created by the Courts were inadequate in a modern society. The courts now tend to look at a multitude of factors in deciding employee status. The most important factor, it seems, will be mutuality of obligations.
Adrian Williams concludes his article by suggesting that statutory intervention is necessary. I agree that because of the importance and number of rights an 'employee' will receive, it is paramount that the courts can determine worker status accurately. I find it difficult to see though how a statutory test would advance the position we are in now, the position of painting a picture of all factors and balancing them out.
Steven Mather"
"In conclusion, within this research paper I have tried to explore and explain how the Bosman ruling has affected European football. It is easy to gather that thanks to the Bosman ruling a shift of power has occurred which has allowed players the freedom that they previously never had. Unfortunately for Jean Bosman he never really felt the effects of his own crusade, but unlike his own contractual situation where football clubs were making a decision on a player's behalf, now the player has the bargaining control."
"In conclusion, it would be clear to state that a promise is enforceable once consideration has been provided as consideration it many elements combined together. There are four main machanisams which make up consideration; firstly a promise must have some economic value, secondly, consideration need not to be adequate but must be sufficient, thirdly, consideration must move from the promisee and lastly consideration must not be past."
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