Commercial law Essay Example | Topics and Well Written Essays - 2000 words - 4

Commercial law - Essay Example There are three specific kinds of exclusion clauses that would apply to a contract. The first is the kind of exemption clause that excludes liability completely. Another kind of exemption clause is when duties arising under a contract are partly eschewed. The last kind of exemption clause is an indemnity clause which passes on the legal liability arising out of a breach of contractual terms to a third party. The existing problems with exemption clauses have arisen mostly in relation to standardized contracts that businesses enter into with customers, because such exemption clauses are part of the fine print associated with a contract and may not always be thoroughly examined by customers. In the case of Thornton v Shoe Lane Parking Ltd2, the Court also held that in order for an exemption clause to be legally applicable, especially if it is unusual or onerous, clear notice must be provided to the customer about the existence of such a clause. Case law on exemption clauses has moved from a rule of law doctrine to a rule of construction approach where a fundamental breach of contract arises. Exemption clauses may not be valid when a fundamental breach of a contract occurs, in which case the entire contract would be invalidated. The concept of fundamental breach was first defined in the Suisse Atlantique3 case, as a â€Å"well known type of breach which entitles the innocent party to treat it as repudiatory and to rescind the contract.† Hence, in effect, if Party A has an exemption clause limiting or eliminating its liability altogether in a contract but is guilty of a fundamental breach of contract that is of such a large scale that it is essentially equivalent to invalidating the contract, then its exemption clauses will not apply. The injured party would have the option, not only to avoid performing its side of the contract but also suing Party A for damages arising

ARE MENTAL HEALTH SERVICES FULLY MEETING THE NEEDS OF SERVICE USERS Essay

ARE MENTAL HEALTH SERVICES FULLY MEETING THE NEEDS OF SERVICE USERS WITH DUAL DIAGNOSIS ILLICIT SUBSTANCE MISUSE AND SERIOUS MENTAL ILLNESS - Essay Example However, in order to implement this framework in practice, the mental health professionals must be educated and trained suitably enough to be first aware of such conditions so they in turn can raise awareness of the clients in order to motivate them better. Substance misuse and addictive behaviour are very common and are regarded as a major public health problem in the United Kingdom. Dual diagnoses of substance abuse and mental disorders are among the most prevalent mental disorders worldwide. The mental disorders comprise mostly of schizophrenia, affective, anxiety, personality, or attention deficit/hyperactivity disorder. Research has shown that they place enormous burden on individuals and society and hence the nation (Copello, Graham, & Birchwood, 2001, 585-587). The common co-occurrence of psychiatric disorders with alcohol and drug use disorders is well recognized. The reasons for co-occurrence, the best methods to differentiate substance abuse from psychiatric syndromes, and the best treatments for comorbidity remain open research questions. There is now an emerging consensus that when the clinical picture is limited to a single disorder, there are chances of fewer complications (Drake & Wallach, 2000, 1126-1129). Along with th at, it has been acknowledged that comorbid psychiatric and substance abuse disorders present problems. Research again has demonstrated that co-occurring mental and substance use disorders are associated with problems among users, dependence among problem users, with severity and persistence of both mental and alcohol-drug disorders, poor health and failed treatment attempts, with violence, incarceration, and poverty (Essock et al, 2001, 469-476). Therefore, it would be pertinent to investigate or to find evidence whether these available mental health services are adequate enough to meet the growing needs of these individuals with dual diagnosis. In this review article, a systemic review has been proposed to be undertaken within a methodological framework, so the evidence may be culled in order to substantiate the focus question and rationale to conduct this review. Focus Question Are mental health services fully meeting the needs of service users with dual diagnosis, illicit substance misuse and serious mental illness Rationale The problems of dual diagnosis are further compounded by the fact that clients with a dual diagnosis are difficult to assess because they are not a homogenous group. In addition, these clients often are poor historians and are noncompliant during the assessment process. Individuals with dual diagnosis often have complex and multiple needs that are difficult to assess in a comprehensive manner. There are indeed barriers to care for this population, which are significant and multidimensional. Services available for these individuals are absent, inadequate, and