An updated guide, and expert analysis on, the legal issues relating to common exemption clauses and unfair terms in legal contracts. It covers the incorporation and construction of the key clauses, as well as the relevant legislation. It will help you to understand: - the circumstances when a term will be incorporated into a contract - the modern approach to the interpretation of contracts by the contracts (and with particular types of clauses, for example in relation to negligence, entire agreement clauses, 'fundamental breach', etc) - clause by clause consideration of UCTA, including key concepts such as the meaning of the 'requirement for reasonableness' - clause by clause consideration of the unfair term provisions of the Consumer Rights Act 2015, and with paragraph by paragraph consideration of the potentially unfair terms in Schedule to the Act This edition includes coverage of: - Analysis of how the courts now interpret exclusion and liability clauses and other contract clauses, e.g.: --- after the decisions of the Supreme Court in Wood v Capita Insurance Services Ltd, and Rainy Sky SA and others v Kookmin Bank --- the treatment of 'stringent' exemption clauses, in the decision of Goodlife Foods Ltd V Hall Fire Protection Ltd --- the requirement for clear wording, such as where parties wish to avoid liability for non-fraudulent, pre-contract (mis)representations, e.g. in the decisions in AXA Sun Life Services pc v Campbell Martin Ltd and BSkyB Ltd v HP Enterprise Services UK Ltd -Coverage of the changes brought about by the Consumer Rights Act 2015, including: --- recent case law considering the effect and interpretation of unfair terms, particularly concerning the 'core' exemption, in the decisions of OFT v Abbey National plc and the later ECJ cases of Kásler and Mattei --- consideration of the list of potentially unfair terms found in Schedule 2 to the Act and the CMA analysis of them Legislation covered includes: - Consumer Rights Act 2015 - Unfair Contract Terms Act 1977 - Contracts (Rights of Third Parties) Act 1999 - Misrepresentation Act 1967 This title is included in Bloomsbury Professional's Company and Commercial Law online service.
Mark Worthing is an author, and pastor of Immanuel Lutheran Church, North Adelaide, Australia. He is former head of the Faculty of Humanities and Creative Writing at Tabor Adelaide. His most recent works include Graeme Clark. The Man Who Invented the Bionic Ear (Allen&Unwin, 2015), and Narnia, Middle-Earth and the Kingdom of God: A History of Fantasy Literature and the Christian Tradition (Stone Table Books, 2016).
What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determined? In this original, penetrating study, Mark Tunick explores not only why society punishes wrongdoing, but also how it implements punishment. Contending that the theory and practice of punishment are inherently linked, Tunick draws on a broad range of thinkers, from the radical criticisms of Nietzsche, Foucault, and some Marxist theorists through the sociological theories of Durkheim and Girard to various philosophical traditions and the "law and economics" movement. He defends punishment against its radical critics and offers a version of retribution, distinct from revenge, that holds that we punish not to deter or reform, but to mete out just deserts, vindicate right, and express society's righteous anger. Demonstrating first how this theory best accounts for how punishment is carried out, he then provides "immanent criticism" of certain features of our practice that don't accord with the retributive principle. Thought-provoking and deftly argued, Punishment will garner attention and spark debate among political theorists, philosophers, legal scholars, sociologists, and criminologists. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992. What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determined? In this original, penetrating study, Mark Tunick explores not only why society punishes wrongdoing, but also how it implements punishment.
It's no secret that most of us get flabbier the older we get, and it's no surprise that the biggest spike in weight happens in the early stages of parenthood. Mark Macdonald knows the struggle himself, having gained thirty-five pounds after the birth of his son. It happened to him even as a nutritionist and former fitness model, so he knew he wasn't alone in the struggle. Along with his wife, Abbi, Mark has created this proven eight-week program specifically geared toward parents to help them shed the weight, discover new amounts of energy, and most importantly, create new sustainable habits to keep it from coming back.
Dye, the famed golf course architect, offers vivid insight into how he designed his most celebrated courses and reveals anecdotes about some of the world's greatest golfers. 8-page photo insert.
As the COVID-19 pandemic unfolded, LA-based psychiatrist Mark McDonald grew increasingly concerned by the negative mental health effects he witnessed among his patients—and Americans nationwide. These negative effects—stress, anxiety, depression, addiction, domestic violence, suicidal ideation—were all directly traceable to the climate of fear being stoked by public health authorities and irresponsibly amplified by national media. These fears in turn drove a hysterical overreaction from government in the form of draconian lockdowns and mask and vaccine mandates of questionable value. But the fear did not abate and quickly took on a life of its own, becoming an unstoppable force in all our lives. At last McDonald began to speak out, explaining that America is actually suffering from two pandemics: a viral one and a psychological one, a “pandemic of fear” that is in many ways more dangerous and damaging than the virus itself. Rooted in the natural anxieties of women on behalf of their children and families, inflamed and amplified by sensationalistic media, and driven over the top by hamfisted authoritarian measures from those in power, McDonald diagnoses the country at large as suffering from a mass delusional psychosis. This is not a metaphor. The malady itself is very real. Whether we can regain our collective sanity as a society remains to be seen.
This will help us customize your experience to showcase the most relevant content to your age group
Please select from below
Login
Not registered?
Sign up
Already registered?
Success – Your message will goes here
We'd love to hear from you!
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.