Contract law Case Study Example | Topics and Well Written Essays - 750 words - 1

Contract law - Case Study Example As Gavrilovic (2013) has noted, under the Second Schedule of the Unfair Contract Terms Act 1977, a supplier party should make accommodations for the consumer as a way of fulfilling the spirit of reasonableness of contractual terms. In light of these provisions, the University has provided Ms Edwards adequate accommodation of  £20 discount on her weekly rental fee. This accommodation by the University renders her alleged â€Å"unreasonableness† of the institution’s contract terms a, b and c in the tenancy agreement void. Regulation 5(1) of the Unfair Terms in Consumer Contracts Regulations 1999 provides the definition of an unfair contractual term as one that: has not had the input of the consumer or one that substantially impacts the rights and responsibilities of the parties to an extent that it creates an imbalance of the duties or one that negatively affects the spirit of good faith. In this case, Ms Edwards’ acceptable of the tenancy contract terms offered by the University against other less favourable options provided by the private sector can be construed to mean as a student she negotiated for the lower rental fee (Toms, 2009). A contract term that results in â€Å"significant imbalance† and thus unfair to a consumer, requires that the condition has to be seen as detrimental to the consumer and extremely beneficial to the supplier in terms of profits (Gavrilovic, 2013). In this case, the University did not intend to benefit in any way whatsoever by limiting Ms Edwards’ and any other student’s desire to hold parties within the institution’s premises. In fact, the rule is part of the institution’s duty of care in ensuring that the organization’s assets including the human resources are safeguarded from any harm within the University’s property. In light of this second rule, the contractual terms are fair and reasonable to the plaintiff. Lastly, the terms which the