Example sentences of "when the contract " in BNC.
Next page| No | Sentence |
|---|---|
| 1 | Is it really necessary for you to have no claim if you are indeed made redundant or treated unjustly at the time when the contract finishes ? |
| 2 | It is , however , possible for the seller to be exempted from liability under sections 13 to 15 of the Sale of Goods Act , but only in so far as the seller can show that the exemption clause satisfies the requirement of reasonableness , i.e. that it was a ‘ fair and reasonable one to be included having regard to circumstances which were , or ought reasonably to have been , known to or in the contemplation of the parties when the contract was made ’ ( section 11 ) . |
| 3 | ( 2 ) Apart from any such contract , express or implied , the place of delivery is the seller 's place of business , if he has one , and if not , his residence : except that , if the contract is for the sale of specific goods , which to the knowledge of the parties when the contract is made are in some other place , then that place is the place of delivery . ’ |
| 4 | The relevant time is when the contract is made . |
| 5 | The time for classification is when the contract is made . |
| 6 | ‘ Where there is a contract for the sale of specific goods , and the goods without the knowledge of the seller have perished at the time when the contract is made , the contract is void . ’ |
| 7 | Scotts claimed to be looking for a new franchiser to take over its hotels when the contract with Holiday Inn expires in July 1992 . |
| 8 | How does the basic principle that damages are based on the losses that were within the contemplation of the parties when the contract was made work in the context of computers ? |
| 9 | The test is laid out in section 11 of the Unfair Contract Terms Act 1977 which requires that the term be : fair and reasonable … having regard to the circumstances which were , or ought reasonably to have been , known to or in the contemplation of the parties when the contract was made . |
| 10 | As Bertram is a contractual entrant , any terms of the contract would have to be brought to his attention at or before , the time when the contract is made . |
| 11 | Section 11(1) applies the test of reasonableness to an exemption clause by asking whether it is a " fair and reasonable [ exemption clause ] to be included having regard to the circumstances which were , or ought reasonably to have been , known to or in the contemplation of the parties when the contract was made " . |
| 12 | The test now embodied in the UCTA is thus a hypothetical test , which requires the court to put itself in the position of the parties as they were ( and with the state of knowledge which they had ) at the time when the contract was made . |
| 13 | Section 11(1) of the UCTA states that the test for reasonableness is that the term must have been " a reasonable and fair one … having regard to the circumstances which were , or ought reasonably to have been , known to or in the contemplation of the parties when the contract was made " . |
| 14 | Moreover , in Schroeder Lord Reid said that a consequence of examining validity at the time when the contract was signed made it unnecessary to deal with the reasons why the respondent ( originally the plaintiff ) now wished to be freed from it . |
| 15 | In Shell UK v Lostock Garage Ltd [ 1976 ] 1 WLR 1187 Lord Denning MR explained what he thought was meant by the proposition that reasonableness is to be considered at the time when the contract is made : If the terms impose a restraint which is unreasonable in the sense that it may work unfairly in circumstances which may reasonably be anticipated , the courts will refuse to enforce the restraint : but it will not hold it to be unenforceable simply because it might work unfairly in certain exceptional circumstances outside the reasonable expectation of the parties at the time of making the agreement . |
| 16 | If what was a secret at the time that the contract was entered into subsequently becomes public knowledge then it would be unrealistic if the court were simply to examine the question of reasonableness at the time when the contract was entered . |
| 17 | In relation to a contractual exclusion clause , the test is whether the clause was " a fair and reasonable one to be included " in the contract " having regard to the circumstances which were , or ought reasonably to have been , known to or in the contemplation of the parties when the contract was made " ( UCTA 1977 , s11(1) . |
| 18 | However , in relation to exclusions in standard terms , including exclusion of liability for negligence , the time of assessment is the time when the contract was made . |
| 19 | Section 11(1) of the 1977 Act states : 11 – ( 1 ) In relation to a contract term , the requirement of reasonableness for the purposes of this Part of this Act , section 3 of the Misrepresentation Act 1967 and section 3 of the Misrepresentation Act ( Northern Ireland ) 1967 is that the term shall have been a fair and reasonable one to be included having regard to the circumstances which were , or ought reasonably to have been , known to or in the contemplation of the parties when the contract was made . |
| 20 | No guidelines are given for the interpretation of s8 except that the term to be included must have been a fair and reasonable one having regard to the circumstances which were , or ought reasonably to have been , known to or in the contemplation of , the parties when the contract was made ( s11(1) ) . |
| 21 | It can ensure that this sum is available when required by exchanging sterling today , when the contracts were entered into , at today 's spot rate . |