by | Jul 6, 2021 | Assignment

Write 3 pages thesis on the topic it is a mooting.

Therefore, the University cannot exclude itself for any liability as a result of negligence, based on the provisions of term (c) of the tenancy agreement since it does not satisfy the requirements of liability, specifically, Schedule 2(a), which requires that for reasonableness to be satisfied, both parties ought to have bargaining positions relative to each other with regards to the availability of any alternative means via which the requirements of the customer could have been met. This is supported by Phillips v Hyland [1987] 1 WLR 659. Ms. Edwards did not have bargaining power relative to that of the University of East England.

With regards to other alternatives, she did not have any other since the University of East England offer was the cheapest, which Ms. Edwards could not find anywhere and as such it seems she was under some sort of pressure. According to Schedule (d), for term c to be deemed reasonable, it must be satisfied that at the time of the contract, compliance to that term would have been practical. This is supported by Smith v Eric S Bush [1990] UKHL 1 2.

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