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爱尔兰都柏林城市大学论文代写:商法

爱尔兰都柏林城市大学论文代写:商法

应用:运用上述法律规定,本案的事实,可以说,JP的健身中心曾试图排除其责任在合同规定,健身中心不能作为责任如果任何受伤的成员由于其雇员或其他成员过失将术语。但是该条款的效果需要在澳大利亚消费者法律规定由ACL不能提供的担保是由当事人通过将这种影响的合同条款的规定排除考虑(Paterson,罗伯森和公爵,2009)。ACL的60节还要求对服务供应合同的情况下,有一项默示保证,根据该服务必须提供你的谨慎。本保证书不能在合同中被排除。
另一方面,在普通法下的立场是,当事人可以依靠这样一个条款,免责条款已被纳入适当的同时如果条款包括发行事宜(达林顿期货有限公司德科AUST Pty有限公司,1986)。
结论:在目前的情况下,可以明确的是,ACL应用于事实和结果的规定,JP的健身中心不能通过ACL提供了保证。作为一个结果,虽然这个词已经纳入正常,同时涉及问题的争议而在法定的规定来看,可以说,JP的健身中心无法依靠这项为了侵入其责任对于受伤的朗达由于不安全的设备。

爱尔兰都柏林城市大学论文代写:商法

Application: By applying the above mentioned legal rules to the facts of this case, it can be said that JP’s Fitness Center had tried to exclude its liability by incorporating the term in the contract that provides that the fitness center cannot be considered as liable if any injuries suffered by a member as a result of the negligence of its employees or other members. However the effect of this clause needs to be considered in view of the provisions of Australian Consumer Law which provides that the guarantees provided by the ACL cannot be excluded by the parties by incorporating the terms of this effect in the contract (Paterson, Robertson and Duke, 2009). Section 60 of the ACL also requires that in case of a contract for the supply of services, there is an implied warranty according to which the services have to be supplied with you care and diligence. This warranty cannot be excluded by a term in the contract.

On the other hand, the position under the common law is that parties can rely on an exemption clause in such a clause has been incorporated properly and at the same time if the clause covers the matter in issue (Darlington Futures Ltd v Delco Aust Pty Ltd, 1986).

Conclusion: In the present case, it is clear that the provisions of ACL applied to the facts and as a result, JP’s Fitness Center cannot do the guarantees provided by the ACL. As a result, although the term has been incorporated properly and at the same time it covers the issue in dispute however in view of the statutory provisions, it can be said that JP’s Fitness Center cannot rely on this term in order to invade its liability regarding the injuries suffered by Rhonda as a result of unsafe equipment.