The following essay will be talking about exclusion clauses and their liabilities in connection with the scenario. An exclusion clause is a type of exemption clause used in contracts. These types of clauses exclude a party’s liability completely but this can only happen in specific circumstances. Also when a party relies on an exclusion clause they must draft it properly. So exemption clauses are there to exempt the defendant from liability for certain breaches including negligence. Similarly a limitation clause seeks to limit the liability of the defendant for certain breaches like negligence. This is deemed unfair for consumers or the weaker party in the proceeding. However exclusion clauses can only be relied upon if they are incorporated into the contract, or if it has been made clear that there is an exclusion clause and it complies with the Unfair Contract Terms Act 1977(UCTA) and the unfair At first a reasonable notice is needed for an exclusion clause to be incorporated into the contract, this can be at the time or before the contract is made as shown in the case of Thornton v Shoelane, where Lord Denning concluded ‘as long as they are sufficiently brought to his notice before hand but not otherwise’. From the current scenario it can be seen that there was a reasonable notice of time as the contract was written two weeks after Spinning Farm Director had told Maz’s purchasing manager that their strawberries are grown without using chemicals or fertilisers. Subsequently there must be reasonable efforts to bring the exclusion clause to the other party’s awareness as shown in the case of Spurling v Bradshaw, in which it was stated that ‘even though the document contained the exclusion clause, had not been received straight away, the court held that the clause was still incorporated in the contract’. In the scenario the two week period prior to the contract being written does not prevent the exclusion clause from being
Marshall, A. B., & Broas, J. M. (2009). Getting it right in reductions in force: How to minimize legal risks. Venulex Legal Summaries, 18-25. Retrieved from EBSCOhost
So, do I believe exceptions should be made to the Exclusionary Rule is not exactly easy to answer. The exceptions made have a purpose based on previous case law, but can any of these exceptions be fooled or applied inconsistently? Absolutely.
The exclusionary rule is one of the utmost controversial rulings in our judicial system. The exclusionary rule can be best defined as “the principle based on federal Constitutional Law that evidence illegally seized by law enforcement officers in violation of a suspect 's right to be free from unreasonable searches and seizures cannot be used against the suspect in a criminal prosecution.” (The Free Dictionary , 1981-2015) The exclusionary rule is not to be mistaken as being intertwined within the constitution for it is not a part of it, instead it is a remedy specially designed by the courts to reconcile violations against a defendant’s 4th amendment rights. Although it’s chief purpose maybe deeply rooted into the 4th amendment, but its protective
According to the United States constitution, The Exclusionary Rule is a law that prohibits the use of illegally obtained evidences in a criminal trial. For example “Boyd v US 1886” “An act to amend the customs revenue laws,” &c., “which section authorizes a court of the United States, in revenue cases, on motion of the government attorney, to require the defendant or claimant to produce in court his private books, invoice and papers, or else the allegations of the attorney to be taken as confessed: Held, to be unconstitutional and void a applied to suits for penalties or to establish a forfeiture of the party’s goods, as being repugnant to the Fourth and Fifth Amendments of the Constitution.(116 US 616 Scotus)” The main purpose of this rule was to ensure police do not conduct an excessive amount of unlawful searches in order to obtain evidence for a case. It was an important rule that was put into effect in the early 1900s to protect individual’s rights to a fair trial.
Andrews N, Strangers to Justice No Longer: The Reversal of the Privity Rule under the Contracts (Rights of Third Parties) Act 1999 (2001) 60 The Cambridge Law Journal 353
It is commonly accepted that an estoppel is a legal doctrine which prevents a person from negating or claiming a fact due to that person’s prior conduct. The doctrine of estoppel has been applied for years and different forms of estoppel have been established. For the purpose of this essay, I will predominantly concentrate on promissory estoppel in relation to the law of contracts. This essay will be approached by discussing the issues of pre-contractual liability, consideration, reliance and the doctrine as a cause of action or defence and a slight comparison of the standpoints that various jurisdictions hold towards these issues. These arguments would conclude the uncertainty of the doctrine and thus, the difficulty and issues that would be faced with the codification of the estoppel.
Describe the “Exclusionary Rule” and what it is meant to protect the citizens of this country.
18. Summarize the exclusion criteria. In other words describe the characteristics of subjects who were NOT eligible to participate in the study.
The Exclusionary rule requires that any evidence taken into custody be obtained by police using methods that violates an individual constitutional rights must be excluded from use in a criminal prosecution against that individual. This rule is judicially imposed and arose relatively recently in the development of the U.S. legal system. Under the common law, the seizure of evidence by illegal means did not affect its admission in court. Any evidence, however obtained, was admitted as long as it satisfied other evidentiary criteria for admissibility, such as relevance and trustworthiness. The exclusionary rule was developed in 1914 and applied to the case of Weeks v. United States, 232 U.S. 383, and was limited to a prohibition on the use of evidence illegally obtain by federal law enforcement officers. Not until 1949, in the caw of Wolf v. Colorado, 38 U.S. 25, 27-28, did the U.S. Supreme Court take the first step toward applying the exclusionary rule to the states by ruling that the Fourth Amendment was applicable to the states through the Due Process Clause of the Fourteenth Amendment which states: the security of one’s privacy against arbitrary intrusion by the police-which is at the core of the Fourth Amendment- is basic to a free society. It is therefore implicit in the “concept of ordered liberty” and as such enforceable against the States through the Due Process Clause.
1. What is the exclusionary rule? Discuss its history through several landmark U.S. Supreme Court cases.
Chapter 19. p413. John G.Fleming [4] P419. Textbook on Torts 8th edition. Michael A.Jones [5] Vicarious Liability for Employers. Andrew Scott-Howman.
Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.
Review the scenario below. Consider the legal principles influencing the likelihood of any successful action against Steve in negligence.
This is a preventative element whereas it acts as a security to state that only the [parties involve in the contract is liable to sue each other if a breach of contract should occur. This means that no third party can be involved in the contract for lawsuits or make any claims other than the two parties involved in the contract.