Business law - situational question Essay Example | Topics and Well Written Essays - 750 words

Business law - situational question - Essay ExampleIn fact, the terms of the owners of the position garage could be considered to be legally unreasonable and consequently on that point could indeed be grounds for a law suit against them.This is due to the fact that within the UCTA 1977 Act and the Unfair Terms in Consumer Contracts Regulations 1999, on that point have been umpteen clauses within go with terms rendered ineffective due to the fact that they are totally infeasible (MacDonald 2004, p. 69). Of course there have been m any cases that have been variant from this one which have been found to hold unreasonable terms and therefore the party of each case was held responsible for the adversities that arose to the defendants. These could be cases of imperfect goods and the terms of sale unreasonable, or it could be of cases stemming from an even simpler nature.One case that was found to have unreasonable terms and of which the defendant won was in AEG Ltd v. logical syste m Resource Ltd (Bradgate 1997, p. 582). Of course though this was not a case that involved any pull in of detriment to the defendant it could have resulted in loss of earnings and adversity for the company. Therefore based on the laws of the UCTA 1977 Act, the defendant was awarded that which he was asking in the case due to the unreasonableness of the plaintiffs terms in the contract. This could be viewed in a similar light in regards to Helens case and the terms in the parking garage. ... Therefore, for reasons such as these and others similar, the UCTA 1977 Act looks at all occurrences, not simply injury related ones. In Helens case the terms are obviously unreasonable(as has been stated) and in that regard can not be binding as a form of protection for the owners to not have to face negligent charges and restitution damages by the defendant, which is Helen. Furthermore, because the notice in the garage and the memo are not compound logically then there is a definite unreason able factor being presented. Helen might have assumed that the threat of injury or risk of infection to her body or car was only slight because she was not aware of the falling debris in the garage due to the construction. However, the London Shoe company was aware of the construction and therefore, as was stated should have known to shut down the parking garage until the construction was totally completed so that there would be no unfortunate accidents or injuries. Yet the company failed to do this and it resulted in a very adverse outcome for Helen. The owners of the parking garage unquestionably can not deny a sense of liability to Helen due to the fact that they did not properly post about the construction in the parking garage and the construction in itself deviated far from any minute injury or adverse occurrence that could have taken place at any other time in the garage (Barmes 2004, p. 435).Furthermore, since the contract with the parking garage assigning parking privileg es to employees seemed to be breached then the owners themselves have a liability to the defendant as has been stated. The reason that there was a breach is due to the fact that the circumstances surrounding the parking garage changed when the construction took