Example sentences of "the 1977 act " in BNC.
Next page| No | Sentence |
|---|---|
| 1 | Alternatively a rentcharge may , under the 1977 Act , be bought out by a lump sum payment . |
| 2 | As a result , no exemption was provided in the 1977 Act for private showings of films in domestic dwellings . |
| 3 | So when making haulage contracts , the 1977 Act can not be ignored . |
| 4 | Under the 1977 Act , Section 2 : |
| 5 | Under the 1977 Act , in order to decide whether a term or notice is reasonable , particular attention is paid to : |
| 6 | The 1977 Act adds another housing responsibility to local authorities , and the government unfortunately refused to allocate any new resources to implement it , in spite of repeated requests for aid . |
| 7 | Subsection ( 9 ) ( a ) contains a definition of residential occupier , the relevant words being : ‘ residential occupier , ’ in relation to any premises , has the same meaning as section 1 of the 1977 Act . ’ |
| 8 | By the end of 1986 there had been 84 reported decisions on the 1977 Act in the High Court and 41 of these had gone in favour of the homeless . |
| 9 | Before turning to the 1977 Act we shall first examine the common law rules relating to incorporation , misrepresentation , privity of contract and scope of the clause . |
| 10 | The 1977 Act places severe curbs upon the effectiveness of exemption clauses of many sorts . |
| 11 | One preliminary matter is that the 1977 Act does not deal with liability under the Consumer Protection Act 1987 ( explained at paragraphs 9–06 to 9–14 and 9–19 above ) . |
| 12 | First , the 1977 Act applies to exemption clauses and these include not only clauses which claim to exclude liability for breach of contract but also ( by section 13 of the 1977 Act ) those which claim : |
| 13 | First , the 1977 Act applies to exemption clauses and these include not only clauses which claim to exclude liability for breach of contract but also ( by section 13 of the 1977 Act ) those which claim : |
| 14 | We shall examine first the effect of the 1977 Act upon exemption clauses which claim to exempt from liability under the statutory implied terms as to title , description , quality and sample and then its effect upon other exemption clauses . |
| 15 | The leading case on the requirement of reasonableness arose , not under the Unfair Contract Terms Act 1977 , but under the earlier provisions of the Supply of Goods ( Implied Terms ) Act 1973 which were replaced by the 1977 Act . |
| 16 | The requirement of reasonableness under the earlier Act was different in two respects , First the onus of proof was upon the buyer to show that the exemption clause did not pass the test , whereas under the 1977 Act the onus is on the seller to show that the clause passes the test . |
| 17 | Secondly , under the 1973 Act the test was whether it was fair and reasonable to allow reliance upon the exemption clause , whereas under the 1977 Act the test is whether the clause was a fair and reasonable one to have been included in the contract . |
| 18 | It was held that this could not constitute a " manner of manufacture " ( the phrase used instead of " industrial application " prior to the 1977 Act ) . |
| 19 | Even before the 1977 Act , computer programs were not generally patentable per se , but there have been cases , both in the United Kingdom and in the United States , where computer programs have been granted patents indirectly , usually as being part of a piece of machinery or an industrial process . |
| 20 | Historically , successful convictions under the 1977 Act were rare , largely because it was necessary to prove that the landlord subjectively intended , through his or her actions , to force the " residential occupier " to leave the property in question . |
| 21 | Its full extent is unclear and although it is true to say that the 1977 Act does not impose a general standard of fairness on contract terms , s3 is capable of applying to many of the terms which will be included in a set of standard terms of trading . |
| 22 | In other contexts the courts have taken a broad , purposive approach to the interpretation of the 1977 Act ; thus in Smith v Eric S Bush ; Harris v Wyre Forest DC [ 1989 ] 2 All ER 514 the House of Lords held that a disclaimer of liability on a surveyor 's report , which purported to prevent the surveyor owing a duty of care to the recipient of the report , was subject to s2 of the Act and was required to be reasonable . |
| 23 | However , there is authority from cases decided before the 1977 Act that the approach to such clauses is first to construe the contract to define the parties ' obligations without reference to the disputed clause , and then take account of the clause in order to decide what its effect is on those obligations ( see Karsales ( Harrow ) Ltd v Wallis [ 1956 ] 1 WLR 936 ) . |
| 24 | The 1988 Act adopts the same definition of " consumer " as that used in the 1977 Act . |
| 25 | Cases decided under the 1973 Act may therefore not be a reliable guide to reasonableness under the 1977 Act . |
| 26 | One significant feature of the 1977 Act is that under s8 the jus tertii may be pleaded , thereby , giving the court power to settle competing claims in one set of proceedings . |
| 27 | 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 . |
| 28 | Care should be taken here because it was the wording of SOGIT 1973 which was considered , and although this is substantially similar to the 1977 Act , it is , in some respects , different . |
| 29 | The 1977 Act also deals with clauses exempting a party to a contract from liability for misrepresentation . |
| 30 | ( d ) Statutory guidelines Supplementary guidelines to the reasonableness test are included in Sched 2 to the 1977 Act . |