Friday, January 24, 2020

UCTA law essay :: essays research papers

C. THE UNFAIR CONTRACT TERMS ACT 1977 The basic purpose of UCTA 1977 is to restrict the extent to which liability in a contract can be excluded for breach of contract and negligence, largely by reference to a reasonableness requirement, but in some cases by a specific prohibition. S.6(2) states that as against a person dealing as consumer, liability for breach of the obligations arising from ss.13, 14 or 15 of the Sale of Goods Act 1979 (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose) cannot be excluded or restricted by reference to any contract term. Exclusion clauses subject to reasonableness S.6(3) states that as against a person dealing otherwise than as consumer liability for breach of the obligations arising from ss.13, 14 or 15 of the Sale of Goods Act 1979 can be excluded or restricted by reference to a contract term, but only in so far as the term satisfies the requirement of reasonableness. The Act gives the greatest protection to consumers. Under s12(1) (1) A party to a contract  ´deals as consumer ´ in relation to another party if - (a) he neither makes the contract in the course of a business nor holds himself out as doing so; and (b) the other party does make the contract in the course of a business; and (c) in the case of a contract governed by the law of sale of goods or hire-purchase, or by section 7 of this Act, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption. (1A) But if the first party mentioned in subsection (1) is an individual paragraph (c) of that subsection must be ignored. Peter Symmons & Co v Cook [1981] 131 NLJ 758 R & B Customs Brokers v United Dominions Trust Ltd [1988] 1 WLR 321. Peter Symmons & Co v Cook (1981) 131 NLJ 758 The plaintiff firm of surveyors bought a second-hand Rolls Royce from the defendants which developed serious defects after 2,000. It was held that the firm was acting as a consumer and that to buy in the course of a business 'the buying of cars must form at the very least an integral part of the buyer's business or a necessary incidental thereto'. It was emphasised that only in those circumstances could the buyer be said to be on equal footing with his seller in terms of bargaining strength.

Thursday, January 16, 2020

Cultural Analysis of India

India’s ancient civilization reveals marvelous facts about its heritage. It indicates as to how kingdoms ruled and how people went about life in a logical way. Dance and rituals were always a part of Indian culture and this was the chief mode of entertainment. It is a land of aspirations, achievements and self reliance. Since medieval times, their chief occupation was agriculture which shows how they rely on their own occupation to produce their means of living. Brief information of India’s Geographic setting India along with Pakistan and Bangladesh constitutes a geographical unit. This geographical unit has distinctly stood apart from the main continent of Asia – the reason being that Himalayan ranges are present in the North side while seas cover the other three sides. Thus it can be seen that the country was always isolated from the rest of the world but as a matter of fact it always tried to keep in touch with the outer part of the world. The vastness of India has resulted in a variety of conditions both geographical and sociological. All these vast and varied resources have been ultimately been utilized for economic self-sufficiency and independence. Social Institutions. In India, the family culture is all about love and patience. A girl weds into a family and adjusts herself seamlessly to the rituals, routine and cuisine. Association with religious beliefs is also followed by families. Families are also getting nuclear owing to independent lifestyle preference and also the concept where in both husband and wife is working and has demanding careers. However certain families observe a matriarchal concept – i. e. the groom resides in the house of the bride and follows a tradition as per the bride’s ancestors. Indian families are very accommodating and willing to accept change. Religion India is one of the most religiously diverse nations in the world, with some of the most deeply religious societies and cultures. Religion still plays a central and definitive role in the life of most of its people. India is the birth place of Dharmic religions such as Hinduism, Buddhism and more. These religions are a major form of world religions next to the Abrahamic ones. Today, Hinduism and Buddhism are the world’s third and fourth largest religions respectively. Clothing In some village parts of India, traditional clothing mostly will be worn. In southern India the men wear long, white sheets of cloth – over these men can wear what they like. Women wear a long sheet of colourful cloth with patterns. This is draped over a simple or fancy blouse. This is worn by young ladies and woman. Little girls wear a long skirt worn under a blouse. Significance of Indian Jewelry Indians have been using jewelry for adornment since centuries. The significance of jewelry in the country is evident from the fact that on many occasions, jewelry forms a part of gifts. In India, jewelry is considered auspicious for women and even the poorest will have some kind of jewelry with them. Jewelry design is so versatile in India that it varies from state to state. If some jewelry is so much popular in one state, it might not necessarily be popular in another state. However, some basic jewelry is common among all the women across India. Bridal jewelry like maangtika, earrings, nose rings, necklace, mangalsutra, bangles, etc make up basic jewelry which adorn women in India. Incidentally, even today, gold is the metal most widely used for bridal ornaments and over the last decade, these are increasingly being studded with diamonds.

Wednesday, January 8, 2020

Development And Democracy The Wider Field Of Political...

The main question for my research paper is whether citizens of poor countries, as they experience rapid development, are willing to concede certain of their democratic liberties in exchange for development. Once they have attained a certain level of development, do they demand for more of those democratic rights? This research question fits into the wider field of political economy. The scholarship available on the broad topic of development and its relationships to democracy is numerous, however the key schools of thought can be grouped into four distinct perspectives. Each perspective understands the relationship between development and democracy differently- especially relating to the role of various actors or institutions, while some find no significant relationship at all. The literature review below will utilize a funnel strategy of first summarizing the major perspectives from the broad topic of development and democracy, then moving on to my narrower focus which is the relati onship between development and democracy in developmental states- that is, states that have a unique state-market institutional set up and achieve rapid economic development. Development and Democracy: The broader literature Modernization Theory The major perspective on the relationship between development and democracy is called ‘modernization theory’. Within this broad theory, the pioneering study of the relationship between development and democracy is by Seymour Lipset (1959) in his paperShow MoreRelatedNz Ideology Essay1419 Words   |  6 PagesGovernment Essay Question - Do political parties in New Zealand follow this Ideology? Choose three specific policy commitments each from different New Zealand political parties and discuss the extent to which the policies reflect a clear ideology. It is important for New Zealand parties to have a clear ideology and policies since the 2014 election is coming up. Ideology typically refers to a series of political beliefs, ethical ideals or principles. Do these New Zealand parties follow theseRead MoreWhen Math and Science Rule the School Essay1071 Words   |  5 Pagesto be extremely important in our modern world, I also agree with Slouka’s view stating humanities are essential to an individual’s development. Proven to be vital to everyday life, math and science are the foundations on which our country needs to grow, but humanities such as english, history, and sociology(just to name a few), are also important in the development of individuals to be constructive members of our society. Slouka’s use of personal stories, personal experience, and passion towardsRead MoreModernization And Development Towards Democracy1544 Words   |  7 Pagespaper uncovers the study of modernization and how it correlates to political development towards democracy. First, it examines the development and origins of the modernization theory that encompass a number of explanations that connect economic, social and cultural changes with shifts in political systems. Modernization puts forth the idea that economic development will lead to cultural and social changes that transform the political behavior of a country’s citizens that can ultimately lead to democraticRead MoreThe Modern Era Of Globalization854 Words   |  4 Pagessite and receive high-end custom cables direct from the factory for pennies on the dollar. On the surface, Globalization has been a boon to the average consumer, but when you look more deeply you find that no sector of the supply chain or even the economy has been unaffected by the changes of Globalization. Age of Globalization The modern era of Globalization was the culmination of three major changes to the world. First is the ease of production introduced by the industrial era. Production wasRead MoreThe Future Of The European Union1620 Words   |  7 PagesRights – are designed to force us into a conversation, a â€Å"deliberative democracy† in which all citizens are required to engage in a process of testing their ideas against an external reality, persuading others of their point of view, and building shifting alliances of consent. Barack Obama, 2006 â€Æ' 1.0 Introduction In the past years, the possible future of the European Union (EU) has been of increasing interest to social and political scientists as well as the public. Since 2008, the EU has experiencedRead MoreThe Age Of Jackson And Jacksonian Democracy1140 Words   |  5 Pagesand Jacksonian Democracy analyze Andrew Jackson with the age in which he lived and with the improvement of political democracy. This esteem may amplify his importance, but it also endorses the important truth that Jackson extremely contributed to building the American nation and its politics. Just as contemporaneous artists so regularly characterized him astride his horse overlooking the battlefield, Jackson bestride some of the key streams of nineteenth-century American political life. Jackson gottenRead MoreImpact Of Globalization On Journalism On A Global Scale1677 Words   |  7 PagesPower and democracy play an extremely large role in media industries as well as spatial, economic and political inequalities. To und erstand this concept cultural labour, indigenous media practises as well as impacts of neoliberalism will need to be addressed to establish the impact of intensifies market forces on journalism on a global scale. (Lechner, 2002) Neoliberalism is the political monetary standard of our time- it alludes to the approaches and techniques whereby a relative handful of privateRead MoreCorruption And Its Effects On Society1551 Words   |  7 PagesCorruption is globally regarded to be one of the most immoral and ethically wrong practices in the political realm. There is a reason as to why corruption has such a strong negative connotation associated with it, as impacts caused by its direct and indirect effects on society cause massive consequences. The very nature of corruption undermines almost all processes and goals set fourth by a liberal democracy, while causing high distrust and low public approval between officials and citizens. The studyRead MoreDevelopment Of Indi A Critique Of Nehruvian Model Essay3508 Words   |  15 PagesGovernance and Development in India: A Critique of Nehruvian Model Dr. Nivedita Giri Asst. Professor, Dept. of Political Science Kalindi College, University of Delhi Despite over six decades of planning and impressive growth in the Indian economy over the last two decades, the development scenario leaves a lot to desire. The urban areas are somewhat better equipped for a reasonably decent life than the rural areas, despite mushrooming slums. There are several explanations and theories on the poorRead MoreAustralia Japan Relationship Since Wwii1079 Words   |  5 PagesSince the signing of the 1951 peace treaty between Australia and Japan, the two countries have rapidly built a productive relationship. Many factors and events have contributed to the development of this partnership. The ANZUS treaty was the turning point in the Austral-Japanese relationship. It assured Australia protection against Japan and provided security in the Asia-Pacific region. Trade and cultural exchange also played a significant role in shaping Australias relationship with Japan. Growth