Essay
D1 evaluate the effectiveness of terms in a given contract
- Institution
- PEARSON (PEARSON)
D1 Unit 21 BTEC Business Level 3 Extended Diploma
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By: paulabernethy • 5 year ago
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Evaluate the effectiveness of terms in a given contract1.0 TERMS OF REFERENCE
1.1. On the Monday 12th of December …..asked me to create a report about the
effectiveness of the terms in Vodafone contract by looking at both the consumer and
provider side.Therefore advantages and disadvantages would be given with some
recommendations of improvement.
2.0 PROCEDURE
2.1 In order to write this report I will use the following information: -
● The information from P6 and M2 which is about the implied and expressed
terms in contract law
● The case law examples
3.0 FINDINGS
A contract is an agreement bonded only by terms between parties. As a result
different types of contract has different types of terms which consists of conditions
and some warranties.In addition there are formed contracts thde.at excludes one
party from responsibility however the judge doesn't see these as fair trade. That's
why businesses as Vodafone has always tried to build ways in flexibility at their
workplace and at the same time embarking on efficiency that does not impede or
compromise the everyday running of a business or organisation.In fact theses ways
helps the company to expand.
When Vodafone creates an agreement between the buyer and themselves , they
make sure that both of the parties are signing the document.This is an advantage for
both parties in case of a future fraud or misrepresentation.In fact if an agreement is
put into writing ,then that statement is more likely to be a term of the contract as the
party is strongly bound by all terms set out in their contractual document if they have
signed it.
Analysing Vodafone contract it could be found out that their contract contains
different types of terms which some has more importance than others.The most
effective and important terms in their contract are conditions and the less important
terms are warranties.As a result the advantage of having conditions in a Vodafone
contract is because without them one or other of the parties would not enter into the
contract. Consequently, to make a condition falsely, or to breach a condition, is
viewed so seriously that the wronged party will be entitled to treat the contract as
void, voidable or at least rescinded.In addition the advantage of having warranties in
the contract is that the wrong party will have only the possibility to seek monetary
damages for any loss that took place by leaving the contract itself binded on both
parties.If a breach of contract take place for any possible reasons that the judge
would look at individual case in order to make a decision whether the terms is a
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