Dissertations / Theses on the topic 'Exemption clauses'
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Netshipise, Divhanani. "The scope and validity of exemption clauses in South African law." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/77424.
Full textMini Dissertation (LLM)--University of Pretoria, 2019.
Mercantile Law
LLM
Unrestricted
Van, Wyk Andries. "Uitsluitingsklousules die huidige status in die Suid-Afrikaanse kontraktereg /." Pretoria ; [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-05062009-125448/.
Full textDe, Metz Bart. "Exemption clauses in commercial and consumer contracts : a comparison of English, Dutch and Quebec Law." Thesis, McGill University, 1988. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61888.
Full textWestraat, Adele Suzanne. "The influence and interpretation of the Consumer Protection Act 68 of 2008 on hospital exemption clauses." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53209.
Full textMini Dissertation (LLM)--University of Pretoria, 2015.
Private Law
LLM
Unrestricted
Tembe, Herman C. "Problems regarding exemption clauses in consumer contracts : the search for equitable jurisprudence in the South African Constitutional realm." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/65730.
Full textIwasa, Luciana. "A comparative evaluation of the legislative controls on unfair terms and exemption clauses in consumer and business contracts in England and Brazil." Thesis, Aston University, 2013. http://publications.aston.ac.uk/19144/.
Full textCrawley, Shaun Edward. "The difference in how UAE and EW law controls Gharar (risk) and so Riba in a construction contract in the Emirate of Dubai, UAE." Thesis, Robert Gordon University, 2017. http://hdl.handle.net/10059/2453.
Full textHansson, Tanja, and Anna Nilsson. "Friskrivningsklausuler i kommersiella standardavtal : En detaljstudie angående harmoniseringen av avtalsrätten inom EU." Thesis, Jönköping University, JIBS, Commercial Law, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-394.
Full textDuring the later half of the 20th century standard form contracts began to be used more frequently in contract situations. This trend has been consistent and in today’s world numerous commercial parties employ such contracts in their business transactions. The reasons for the extended use of standard form contracts are the benefits that can be obtained for the parties such as time efficiency, effectiveness and price advantages. Standardised contracts often regulate certain issues of the contract for example the way of delivery, remedies and complaints. The definition of such contracts is corresponding in Sweden and England as contracts containing in advance standardised terms with an aim to be used similarly in contract situations with most clients or customers.
As the usage of standard form contracts increased, the number of unfair contract terms also enhanced. Therefore, the legislative powers in Sweden and England realised that the rules concerning the freedom of contract had to be restricted and governed. As a result, the legislative powers introduced an open control device through statutory control. This was done in Sweden in 1976 with the enforcement of Section 36 of the Contracts Act, and in England the year after when UCTA came into force. The statutory control in both Sweden and England makes it possible to appraise the fairness of exemption clauses. The statutory control is not identical in the two states. UCTA only concerns exclusion clauses and limitation clauses regarding contract terms and non-contractual notices. In Sweden, on the other hand, there is a general doctrine of unfairness and Section 36 of the Contracts Act can set aside all kinds of agreements.
The statutory control is complemented by indirect means of controlling the content of a contract through non statutory methods. The non statutory methods are concerned with the incorporation, interpretation and construction of clauses in a contract. To be valid and for a party to be able to rely on a term it must have been incorporated into the contract. The rules concerning the interpretation of standard form contracts and exclusion clauses are also of great importance. In both states the approach held is that the statutory control should be used preferably over the indirect control means, though the indirect means still has a prominent role in England through common law. Both England and Sweden agree on that the weaker party in a contract situation is in a greater need of protection by the rules of law in unfair contract situations. However unfairness can only arise if the superior party has wrongfully used the exclusion clause.
Our study shows the differences between Swedish and English contract law that can result in difficulties in the harmonisation process. These differences concern the test of reasonableness of exemption clauses, the doctrine of good faith, the legal effects and to what extent the indirect means of control should be applied. The Swedish test of reasonableness may include all relevant circumstances irrespective of the time of their occurrence, before or after the entry of the contract. The courts in England are limited to circumstances that have occurred before the closure of the contract. Section 36 of the Swedish Contracts Act includes a general rule of unfairness applicable to all kinds of contract terms. The rule of unfairness in the UCTA on the other hand, is only applicable to exemption clauses and indemnity clauses and there is no general rule of unfairness in English contract law. Instead the courts rely on indirect means of control, which therefore is of greater importance in English contract law. Finally, adjustments of unfair exemption clauses has a significant role in Swedish contract law, in contrast to English contract law where any adjustment is regarded as an intrusion of the freedom of contract.
To endorse one of the most important aims of the EU; a well working inner market, discussions commenced in 2001. The discussions concerned the harmonisation of the contract law within the union. The questions that arose were whether or not it was possible at all to form a European common contract law and if so, what the effects would be. An action plan was developed by the Commission and today both the EU Parliament and the Council are positive in regard to the continuing work with a reference frame. The Commission aims to pass the reference frame in 2009. Since the EU member states are diverse and have different legal systems a harmonisation of the contract law could cause difficulties. There are differences concerning legal traditions and legal values, hence the legal expertise in Europe is divided in the harmonisation question.
The following study aims to analyse the existing rules of law in Sweden and England representing two diverse legal systems existing in Europe; civil law and common law. The focus of this study regards the control of exclusion clauses in standard form contracts in both legal systems. The comparison will then be used to analyse the fundamental question if the harmonisation of contract law in the EU is feasible. Specific areas within the contract law have already been harmonised, which shows a possibility to coordinate common law and civil law. Directive 93/13/EEC on Unfair Terms in Consumer Contracts is one example of harmonised contract law in the EU and the principles in PECL is another example which shows that it is possible to coordinate common law and civil law. A harmonisation of the contract law will probably promote the commerce within the union and be the next step towards one of the most prominent goals of the EU, namely a well functioning common market. However, our study shows that the differences between national legislation and the differences between the legal traditions within the EU are not insignificant and a harmonisation will probably not be enforced without difficulties.
Kesavayuth, Dusanee. "Essays on patient licensing with a grantback clause and a research exemption." Thesis, University of Essex, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.511013.
Full textKesavayuth, Dusanee. "Essays on patent licensing with a grantback clause and a research exemption." Thesis, University of Essex, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.522102.
Full textCarda, Jeanelle Marie. "Wiccan Marriage and American Marriage Law: Interactions." Digital Archive @ GSU, 2008. http://digitalarchive.gsu.edu/rs_theses/17.
Full textWang, Shiu Feng, and 王秀鳳. "The Exemption Clauses in Standard Contract." Thesis, 1994. http://ndltd.ncl.edu.tw/handle/94075874800069725682.
Full textLuo, Wen-Hong, and 羅文鴻. "A study on the Regulation Regarding Exemption Clauses of Banking Standard Form Contract." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/96555919990313700210.
Full text國立臺灣大學
法律學研究所
101
The Law of standard form contract has developed for 20 years. It is composed of Civil Code, Consumer Protection Law and Financial Consumer Protection Act. In addition, because of the diversity of the scope of banking business, people can deal with financial transaction such as bank deposit and investment. Therefore, the study analyses the explanation and application of Financial Consumer Protection Act regarding standard form contract, focusing on exemption clauses of banking standard form contract, in order to provide the people whom should be protected with complete protection. Especially on the operation of the practice, courts have different opinions between tranditional and invested banking standard form contrct. First, we discuss the regulation method on comparative law from the view of procedure and substance. Secondly, we review the protection subject of Consumer Protection Law and Financial Consumer Protection Act to recognize the relationship between both. Finally, on the side of procedural regulation, why Financial Consumer Protection Act do not provide procedural regulation but information duty and suitability ？On the side of substantive regulation, we use the principle of reseaonable allocation of risk to examine the effect of exemption clauses of banking standard form contract.
Kok, Christelle. "The effect of the Consumer Protection Act on exemption clauses in standardised contracts." Diss., 2011. http://hdl.handle.net/2263/25184.
Full textDissertation (LLM)--University of Pretoria, 2011.
Mercantile Law
unrestricted
Chao, Shu-Yu, and 趙書郁. "The Effect of the Benefits of Exemption Clauses on the Contract to the Third Parties." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/06659705545544620008.
Full textNkabinde, Thandi. "The effect of the Consumer Protection Act 68 of 2008 on exemption clauses in standard-form contracts." Diss., 2015. http://hdl.handle.net/2263/50740.
Full textMini-dissertation (LLM)--University of Pretoria, 2015.
tm2015
Private Law
LLM
Unrestricted
Fang, Kai-Hong, and 方凱弘. "The Economic Analysis for the Liabilities of Marine Cargo Carrier - Centered on the Exemption Clauses of Navigational Risk." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/04745047272678965292.
Full text國立臺灣海洋大學
海洋法律研究所
94
The purpose of this thesis is making research of the liabilities of marine cargo carrier by the economic analysis of law. Using game theory to analyze the interaction between carriers and shippers, it should be the most important goal of the legislation in marine cargo transportation law to enhance the efficiency of the marine market. The marine market is depended on both of carriers and shippers. It has been considered of the costs between carriers and shippers in legislation in marine cargo transportation law. I think that enhancing the efficiency of the marine market is based on thinking over the profit between them. In the past the law preferred to only protect carriers but it wasn’t good for the development of the marine market economics. Now we have to do is taking the balance in the liabilities between them. Since the Harter Act in 1893, the Hague Rules in 1924, the Hague Visby Rules in 1968, the Hamburg Rules in 1978, and the Uncitral Draft Convention on carriage of Goods by Sea in 2002 have been ratified, denunciated, accessed or argued, the liabilities of the carrier have been changed. Abolishing the exemption clauses of navigational risk or not is a evidence to proof the change of the carrier’s liabilities. The exemption clauses of navigational risk will make the carriers ignore the act, neglect or default of the master, mariner, pilot or other servants in the navigation or in the management of the ship. Although the individual cost of the carriers became lower if it existed, the total cost in the marine market economics still grow up. Abolishing the exemption clauses of navigational risk will be a better policy to enhance the efficiency of the marine market.
Sewsunker, Sheethal. "Contractual exemption clauses under the South African Constitution : an examination of the potential impact of public policy and Ubuntu on such provisions." Thesis, 2012. http://hdl.handle.net/10413/9920.
Full textThesis (M.A.)-University of KwaZulu-Natal, Durban, 2012.
Tromp, Johannes Adriaan. "Freedom of contract and the enforceability of exemption clauses in view of section 48 of the Consumer Protection Act / Johannes Adriaan Tromp." Thesis, 2014. http://hdl.handle.net/10394/15957.
Full textLLM (Import and Export Law), North-West University, Potchefstroom Campus, 2015
Huang, Chieh-Lin, and 黃傑琳. "Review and Prospect of the Exemption Clauses in the Contract of the Carriage of Goods by Sea – Focusing on the fault or neglect of the Carriers servants or agents." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/88314470022099788687.
Full text國立臺灣大學
法律學研究所
98
During the process of carrying goods by sea, the carrier has the liability for seaworthiness of ship and the duty of care for cargoes. In order to fulfill the purpose of developing shipping industry and lightening the burden on carriers, legal exemption from liability was instituted. Therefore, liability of the carrier and legal exemption from liability are great significance to carriage of goods by sea, because they are decisive to liability allocation when it comes to maritime carriage. The idea above is fundamental throughout this thesis, where thorough analysis on defining carrier’s period of responsibility and on discussing the appropriateness of legal exemption from liability is made. Due to the fact that maritime carriage of goods involves international trade, Maritime Act, which regulates any carriage by sea, is international to a certain level; it is also impacted by international conventions and legislative examples in other countries. This thesis starts with introductory chapters of those international conventions and foreign legislative examples regarding carriage of goods by sea, giving basic understanding such as the legislative background and history of Maritime Act, accompanied by the latest development and future trends of maritime carriage around the world. If a carrier of goods by sea claims for the benefits of legal exemption from liability, it is only feasible within the period of responsibility, in line with the Maritime Act; a carrier is not allowed to claim for any exemption if the claim is raised within the period of responsibility stated in Civil Law. Therefore, the following chapters discuss definition of maritime goods carrier’s period of responsibility, along with the controversial issue of whether to apply “Carrier Taking Full Responsibility of Goods Approach” or “Carrier Sharing Responsibility of Goods with Shipowner Approach”. This thesis provides prods adapted from international conventions, foreign legislative examples, elaborating via practical experiences and academic theories respectively and concluding with position this thesis takes. Last part of the thesis discusses legal exemption from liability of the carrier of goods by sea, stressing the malpractice by performing parties. In accordance with Subsection 1 and 3, Article 69 of Maritime Act, which state the exemption from liability if any loss or damage of cargoes arising or resulting from nautical faults and of fire, the carrier is able to claim for discharge of liability when it is the performing parties who cause the problem. Legislative background, theoretical foundation, definition of these 2 law subsections under current legal framework, and the necessity to remove them are all important issues studied in this part. Moreover, with the Subsection 17, Article 69 of Maritime Act being a well-known exclusion clause, its relation with the duty of care for cargoes and whether it is necessary to remove this clause, are looked into in this part as well. This thesis sums up by predicting future prospect of the subject law.
Yeh, Yao-Chun, and 葉耀群. "A Study on The Allocating of Burden of Proof in Marine Cargo Claims－Focus on The Duty to Care for Cargo ,The Duty of Seaworthiness and Legal Exemption Clauses." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/37875857417557091427.
Full text國立臺北大學
法律學系一般生組
96
From the outset, one crucially important concept must be borne in mind in studying the order and burden of proof under the Hague and Hague/Visby Rules. The Hague Rules, from their inception in 1924, sought to strike a delicate balance among three interrelated principles: a) the carrier’s obligation to exercise due diligence to make the ship seaworthy before and at the commencement of the voyage (art. 3(1)); b) the carrier’s obligation to care properly and carefully for the cargo (art. 3(2)); and c) the carrier’s exculpatory exceptions under art. 4(2)(a) to (q). Allocating liability for marine cargo claims under the Rules depends, in many cases, on the court’s analysis of the interplay between these three notions. It requires a skill resembling that of a juggler juggling three balls at a circus. Above all, we can allocating the burden of proof by explaining the meaning of the three “ball”. Not like the complicated structure of burden of proof in Hague Rules, the burden of proof under the Hamburg Rules is relatively clear, because the due diligence provision, the care of cargo provision and the exculpatory exceptions (being art. 3(1), art. 3(2) and art. 4(2)(a) to (q) respectively of the Hague/Visby Rules) are all found in art. 5(1) of the Hamburg Rules. Thus the claimant must prove his claim and then the carrier must exculpate himself. This means proving the cause of the loss, because he must show that “he, his servants and agents took all measures that could reasonably be required to avoid the occurrence and its consequence.” The carrier then proves he fell within one of the exceptions. Besides the Conventions, the implement of convention indeed affect the sea cargo claims in the world. Throughout the notice of the burden of proof in Carriage of Goods by Sea Act(American)and International Carriage of Goods by Sea Act(Japan),we can compare the difference of Civil Law and Common Law. Finally, the Maritime Law in Taiwan filled with the concept of Common Law. But we still have to face the conflict between maritime law and the other laws in Taiwan.At the end,we still must make choice－Civil law or Common law?The best and most easy way to avoid conflict is to modify Maritime Law by consultation of International Carriage of Goods by Sea Act in Japan partly.
Tao, Si-Jie, and 陶思潔. "Research Into The Exemption Clause." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/15444900025982355161.
Full textLee, Chia-Hao, and 李家豪. "A Study on the Exemption Clause under Insider Trading Law." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/35171123722510377406.
Full text東吳大學
法律學系
103
During 2005 to 2013, prosecutors brought suit against Indfodisc Technology Co. LTD., Taiwan Land Development Corporation, Taiwan Green Point Enterprise Co. LTD, BenQ Corporation, Procomp Informatics LTD., ASE Group and Genome International Biomedical Co. LTD. were suited for insider trading successively by prosecutors. So legislators should think how to effectively prevent insider trading and consider that imposing severe liabilities might not conform the need of commercial activities and might bring about disadvantages against entrepreneurship. In practice the conviction rate is quite low in court cases. Therefore, in this thesis we will try to bring out suggestions in supporting the necessity of enacting the exemption clauses and also the suggested content of the clauses. Theories and regulations of Taiwanese insider trading will be introduced in the beginning of this paper. Then we will move on to the legislation process by introducing different versions of insider trading exemption clauses proposed by Executive Yuan (R.O.C) and legislators. Further, we will go a step further by observing our domestic court cases and find out the possible exemption types. At the same time, we are going to look at the exemption legislation of the United States, European Union, England and China and try to bring out the possible amending directions and suggestions of our future legislations.
Ho, Chia-Jung, and 何佳蓉. "A Comparative Study on Exemption Clause under Taiwan Insider Trading Law." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/90869892636990900307.
Full text國立臺灣大學
法律學研究所
101
We have severe liability for people who violate insider trading law. Perpetrators will be punished by imprisonment for no less than three years and no more than ten years, and in addition thereto, a fine which ranges from of no less than NT$10 million to no more than NT$200 million. Moreover, during 2005 to 2008, many companies whose stock are listed on the stock exchange or traded over the counter were suspected of engaging in insider trading and were searched by police and prosecutor. In 2005, prosecutor brought suit against Shin Kong Financial Holding Company and Power Quotient International Co. LTD for insider trading. In 2006, Taiwan Land Development Corporation’s criminal charge was proceeding. In 2007, insider-trading scandals about BenQ Company and Inventec Appliances were burst out. In 2008, Integrated Circuits Company and Simplo Technology Company were investigated and accused of similar charges. Every case mentioned above resulted in turmoil in the stock market. However, in the Shin Kong, BenQ and Powerchip Technology case, the court acquitted those defendants of insider trading charges. It is a warning to prosecutors. As a result, calls from companies whose stock are listed on the stock exchange or traded over the counter demand introducing exemption clause into current Taiwanese insider trading law. Considering that imposing severe liabilities might result in disadvantages against entrepreneurship, this thesis argues that the introduction of exemption clause is necessary. Therefore, this thesis will first deliberate the opinions in U.S., Japan and EU and then analyzes previous empirical cases in Taiwan. Finally this thesis will try to propose a solution about legislating exemption terms.
Liu, Chiu-Hsiang, and 劉秋香. "A Study on Exemption Clause of Income Tax in Taiwan：A Perspective of the Legality." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/05999359382091028114.
Full text銘傳大學
公共事務學系碩士在職專班
102
The tax exemption policies for military and school personnel can be traced to the Income Tax Act developed in 1914. The policies implemented nearly a century ago were terminated in 2011. This study will review the historical development of the tax exemption policies as stated in the Income Tax Act, and provide suggestions. This study focuses on Article 4 of the Income Tax Act. Article 4 of the Income Tax lists 24 categories of tax-exempt income. This study will examine the evolution of tax-exempt income, the relationship between tax-exempt income and tax fairness, and the related policies after the tax exemption for in-service military, preschool, kindergarten, elementary school, and junior high school personnel is terminated. After reviewing 20 categories of tax-exempt income, this study proposes to maintain 12 categories of tax-exempt income, to delete 6 categories of tax-exempt income, and to amend 2 categories of tax-exempt income. The 12 categories of tax-exempt income that shall be maintained are Subparagraphs 3,4,8,9,10,11,13,18,19,20,21 and 22, of Paragraph 1, Article 4. The 6 categories of tax-exempt income that shall be deleted are Subparagraphs 5,6,14,17,23 and 24, of Paragraph 1, Article 4. The 2 categories of tax-exempt income that shall be amended are Subparagraphs 7 and 16, of Paragraph 1, Article 4. The following are the findings of this study. Although tax-exempt income violates tax fairness, based on public policies, some of the tax-exempt income still is necessary. The policies for tax-exempt income is increasing. The tax-exempt income of other laws shall be integrated in Article 4 of Income Tax Act. The related policies after the tax exemption for in-service military, preschool, kindergarten, elementary school, and junior high school personnel is terminated generate a lot of problems for school personnel. The range of each category for tax-exempt income is narrowing. This study recommends: The text of tax-exempt income in the Income Tax Act should be regularly reviewed and adjusted. Income tax is classified into consolidated income tax and profit-seeking enterprise income tax. It is more important to amend the tax-exempt income for profit-seeking enterprise income tax than consolidated income tax. This study is an importance reference to amend or to draw up laws of tax-exempt income.
Chou, Yuan-guang, and 周遠光. "The study of the exemption of change order clause in the public construction work in R.O.C." Thesis, 1997. http://ndltd.ncl.edu.tw/handle/ffx6vh.
Full textYuan-YuanLo and 羅元媛. "The Materiality of Information and the Exemption Clause of Insider Trading : From the Perspectives of the Comparative Law between the U.S. and Taiwan." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/72748k.
Full text國立成功大學
法律學系
102
Insider trading violation has been in the headline of the news for the past decade. However, insider trading violation case still occurs every year. Although prosecutors constantly show their determinations in combating this type of economic crime, the decisions of the courts are ambiguous. The indefinite legal concept of certain elements of insider trading regulations is the main reason for this result. High rate of indictment but ending with low rate of culpability, not only cause the insiders’ conduct unforeseeable, but dismay the public. This thesis focuses on numeral controversial issues in connection with the disputes or debates of insider trading constitution elements, and attempts to provide suggestions to current judicial application and legislation. This thesis first introduces long-term disputed theories of insider trading prohibition to elaborate the justifiable reason for inside trading prohibition and punishment. This thesis attempts to discuss several disputes regarding to insider trading based on its fundamental prohibiting theories. This thesis discusses the issue of materiality information, introducing numeral cases in the U.S. and Taiwan. Furthermore, this thesis provides an in-depth discussion of the subjective elements of insider trading constitution, and emphasizes on the analysis of the necessity of the enactment of exemption clause in Taiwan on the basis of the U.S. regulations. Insider trading prevention policy is a dilemma of balancing individual rights and market integrity. This thesis hopes to facilitate the law compliance of insiders and other legal specialists and attain the honest market protecting purpose by providing plausible suggestions and interpretations to the insider trading regulations construction.