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Adhesion contracts have a strong likelihood of being unconscionable. The laws and principles are further complicated by the introduction of electronic contracts, specifically electronic consumer contracts. The paper touches upon the duty to read doctrine in contracts and electronic contracts. While the doctrine of unconscionability has evolved it has been playing catch up with the demands of consumers. This paper compares the application of this doctrine in the United States (US), the United Kingdom (UK), and India. The paper also proposes recommendations for consumers and the development of laws. [ABSTRACT FROM AUTHOR]

In Australia and the UK, contracts with minors in sports and entertainment are not uncommon. Generally, such contracts are voidable at the option of the minor. However, when contracts fall within the category of beneficial service, as is the case with most professional sports or entertainment contracts, they will be enforceable against the minor. Indian courts do not prescribe to this view holding contracts with minors, void ab initio and unenforceable against contractual parties, with few exceptions. The policy rationale is embedded in protecting minors from their own rash decisions and preventing unscrupulous parties from taking advantage of a minor's nascent mental capacity. By analysing divergent approaches on the validity of minors' contracts in three common law jurisdictions—Australia, India and the UK—the authors highlight inadequacies in legal pronouncements by Indian courts. In India, the legal non-existence and unenforceability of service contracts with minors renders it futile for them or their representatives from negotiating favourable contractual terms beyond welfare measures provided by law as these are unlikely to be upheld. This paper argues that India's narrow approach fails to acknowledge practical realities of minors' participation in the increasingly commercialised sports and entertainment industry. In light of more practical approaches in other common law jurisdictions, the authors set out policy recommendations and suggest reforms to the legal position on minors' capacity to contract in India. [ABSTRACT FROM AUTHOR]

In this paper, we examine the UK government's proposals for the reform of legal aid, which are based on block franchising. We identify several potential incentive-compatibility problems mainly concerned with the possibility of chiseling on quality after contracts are awarded or with supplier control of access to legal aid. Our suggestions for improving the scheme are based around awarding vouchers for legal aid. [ABSTRACT FROM AUTHOR]

The use of skill mix in medicine is now widespread, yet it appears that its use in dentistry is not as prominent. Unlike doctors, dentists are required to mitigate the financial risk produced by their capital investment and ensure an adequate cash flow to cover their annual running costs. Examining the financial incentives for employing dental care professionals is therefore an important step to understand why dentistry appears to lag behind medicine in skill mix. It is also apposite, given the announcement of the coalition government to develop a new contract, which could introduce incentives for the use of dental care professionals in this way. The purpose of this short paper is to examine whether skill mix is profitable for general dental practices under the existing NHS contract in England. [ABSTRACT FROM AUTHOR]

This paper considers a recent U.K. legal dispute where a supplier sued a large organization, which had been a long-term customer, for breach of implied contract. It uses this case to discuss aspects of the nature of trust between organizations. The discussion encompasses a consideration of the distinction between trust and reliability; and, why the concept of blanket trust is not helpful. In conclusion, by contrasting business-to-business and personal relationships, the paper suggests that firms in their relationships with other institutions should never follow an unquestioning form of strong trust. [ABSTRACT FROM AUTHOR]

U.K. business startup data is used to examine the role of contract parameters in solving the bank's problem of lending under asymmetric information. Margins are found to be a direct function of the probability of failure and an inverse function of security (for given loan size) consistently with collateral being invoked to solve the Moral Hazard problem. Business survival is also found to be enhanced by owner equity inputs (for given debt) again consistent with a requirement for owner financial inputs to enhance (unobservable) effort. Security rises along with loan size and survival chances, a finding consistent with (a) a firm loan size effect (larger borrowers have lower marginal admin cost to the bank), and with (b) positive borrower self-selection (better borrowers offer collateral because they are less likely to experience forfeiture.) Observable business characteristics are found to play an important intermediary role in the solution to the moral hazard problem. More mature proprietors have more experience, business commitment, assets for borrowing and the willingness to use them for loan collateral. Their contract parameters reflect these facts. [ABSTRACT FROM AUTHOR]

Aim To determine if restrictive NHS contracts are of benefit in addressing health inequalities in oral health, by using an ecological approach based upon an area measure of material deprivation.Methods Postcodes of patients seen under all the restrictive contracts (49) within the North East of England were identified and matched to lower super output areas. The deprivation scores were identified for each area using the Index of Multiple Deprivation 2007. The proportion of patients within each area was calculated and divided into deciles for England, from the most to the least deprived areas.Results 33,341 postcodes were identifiable from datasets supplied for the study in the North East; a further 4% were invalid. There was inequity in the distribution of patients, with proportionately more patients from the least deprived deciles and less patients from the more deprived deciles seen under the contracts. However, many thousands of patients identified lived in the most deprived areas.Conclusions Restrictive contracts may be of benefit in addressing health inequalities. PCTs need to carefully consider the impact of ending restrictive contracts on their local populations. [ABSTRACT FROM AUTHOR]

The article focuses on the advice for dentists to check if the finance contracts for their dental practice computer systems allow for upgrades in anticipation of the new contract introductions in Great Britain. When the new contracts will be introduced, practices will be required to replace or update their computer systems. If the current contract lacks provision for upgrades, dentists are urged to speak to their finance provider to understand how they can invest in new technology without increasing the monthly cost.

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In this article, the author discuses the new National Health Service (NHS) pilot scheme in Great Britain. It mentions the impact of the scheme on future of NHS dentistry and on the role of the Dental Care Professionals (DCP). As mentioned, current contract under which dentists in Great Britain work was introduced in the year 2006 and since then it has faced heavy criticism.

Aim To determine if restrictive NHS contracts are of benefit in addressing health inequalities in oral health, by using an ecological approach based upon an area measure of material deprivation.Methods Postcodes of patients seen under all the restrictive contracts (49) within the North East of England were identified and matched to lower super output areas. The deprivation scores were identified for each area using the Index of Multiple Deprivation 2007. The proportion of patients within each area was calculated and divided into deciles for England, from the most to the least deprived areas.Results 33,341 postcodes were identifiable from datasets supplied for the study in the North East; a further 4% were invalid. There was inequity in the distribution of patients, with proportionately more patients from the least deprived deciles and less patients from the more deprived deciles seen under the contracts. However, many thousands of patients identified lived in the most deprived areas.Conclusions Restrictive contracts may be of benefit in addressing health inequalities. PCTs need to carefully consider the impact of ending restrictive contracts on their local populations. [ABSTRACT FROM AUTHOR]

The article focuses on the challenge of British Dental Association (BDA) on the appeal of the Department of Health against the ruling of high court on the termination clause in a dentist's contract. It relates that BDA filed a formal charged stating that clauses of termination are unlawful and unreasonable. According to Peter Ward, chief executive of the BDA, it is really unreasonable and would destroy the viability of family dental practices.

The article reports on the negative implications of the 2008 dental contract in Great Britain. According to dental practitioner Susie Sanderson, chair of the British Dental Association's executive committee, the contract is failing patients and driving dentists away from the National Health Service. Sanderson noted that the transition to the new contract was very unsatisfactory and the scrapping of patient registration in 2006 threatened continuity of care.

The article reports that guidance from the Great Britain Department of Health has warned that primary care trusts should be transparent in negotiating contracts with dentists. According to the guidance, titled "Commissioning NHS Primary Care Dental Services: Meeting the NHS Operating Framework Objectives," contractors are entitled to know early about any proposed changes to their contracts. It explains that the end of the gross income guarantee does bring greater scope to review contracts.

The article reports a decrease in the number of dentists working in the UK National Health Services (NHS) since introducing a new dental contract in England on April 1, 2006. Statistics further showed that several contracts in dispute were yet to be resolved. The British Dental Association's General Dental Practice Committee chair person Lester Ellman states that the situation reflects uncertainty and will impact the Government's plans to increase access to NHS dentistry.

The article reports on the statement issued by General Dental Practitioners' Committee chairman Lester Ellman after his meeting with health minister Rosie Winterton about the British Dental Association's concerns over the new National Health Services dental contract. Ellman's statement warned that the current uncertainty and confusion were set to continue for both dentists and their patients. The minister had refused Ellman's request to suspend Units of Dental Activity targets and for the provision of information about growth funding for expanding practices.

The article reports on the failure of the government's aims to achieve patient access, improve oral health and raise the quality of patient care in Great Britain. Lester Ellman, chairman of the British Dental Association's General Dental Practice Committee claimed that the government's proposed contract is bad for dentists and patients and disastrous to the national health service industry.