TCLA Vacation Scheme Applications Discussion Thread 2021-22 (#1)

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Lastseasonwonder

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Dec 21, 2019
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Regarding a force majeure (FM) clause, does it completely remove liability or just mitigate liability of those parties that become unavailable to meet contract obligations due to events beyond their control. In other words, if I am a semi-conductor chip supplier for company A, and I fail to meet my contractual obligation of providing 10K chips to company A for month November due to the current global supply chain crisis - assuming there is a bullet-proof FM clause in the supply contract, will I be fully exempt from any liability.

Any clarification will be greatly appreciated.

EDIT: Also, does anyone know the difference between OFGEM and GEM?
 
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Rob93

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Dec 29, 2020
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For activities/interests/positions of responsibility questions, does anyone have advice on how to go about discussing personal interests? I like to spend my downtime reading and going to plays and galleries but not really sure how to talk about this on an application - do recruiters want to know what shows I'm going to/what I'm reading, should I discuss why I like these things, or just a general 'these are my interests'?
 

jan28

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Sep 12, 2019
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Regarding a force majeure (FM) clause, does it completely remove liability or just mitigate liability of those parties that become unavailable to meet contract obligations due to events beyond their control. In other words, if I am a semi-conductor chip supplier for company A, and I fail to meet my contractual obligation of providing 10K chips to company A for month November due to the current global supply chain crisis - assuming there is a bullet-proof FM clause in the supply contract, will I be fully exempt from any liability.

Any clarification will be greatly appreciated.
short answer - it depends
long answer - from my understanding of contract law, assuming by 'bullet proof fm clause' you mean the clause is drafted carefully enough to include a supply chain crisis, the effect of this is usually to remove liability. but, you will be subject to normal principles of contract e.g., mitigation which the other party will hammer in if they've suffered serious loss. for example, could you have foreseen this crisis and made efforts to mitigate these issues? also, within the FM clauses, they usually state if parties will be exempt 'in full' or 'in part' so it really does depend on the wording of the clauses being relied on.

*i'm happy to be corrected if i've said anything wrong!
 

Rob93

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Dec 29, 2020
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short answer - it depends
long answer - from my understanding of contract law, assuming by 'bullet proof fm clause' you mean the clause is drafted carefully enough to include a supply chain crisis, the effect of this is usually to remove liability. but, you will be subject to normal principles of contract e.g., mitigation which the other party will hammer in if they've suffered serious loss. for example, could you have foreseen this crisis and made efforts to mitigate these issues? also, within the FM clauses, they usually state if parties will be exempt 'in full' or 'in part' so it really does depend on the wording of the clauses being relied on.

*i'm happy to be corrected if i've said anything wrong!
The only thing I would add would be that there might be issues about what ultimately is the cause of the failure to perform. Suppose distributor A has total orders in the relevant period of 50,000 chips. It is able to secure 20,000. It offers to provide the customer 5,000 of the 10,000 originally requested. Now, it *could* provide the full 10,000 - that is within its power. But it has elected basically to under-fulfill its obligations to each customer. Not sure that would fly as force majeur. Likewise perhaps the distributor could, by paying an outrageous premium, secure the remaining chips needed to satisfy all of its obligations. Bad deal for a supplier with fixed prices from its customers, but not force majeur.

In reality also force majeur clauses will often suspend an obligation - I've seen anywhere from 10 to 30 days but that may vary further, and if the obligation can't be met at the end of what is basically a grace period the counterparty can terminate the relationship. That obviously has commercial implications beyond just liability in damages for the parties concerned and is probably worth thinking about.
 

Veep9

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  • Sep 8, 2020
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    For activities/interests/positions of responsibility questions, does anyone have advice on how to go about discussing personal interests? I like to spend my downtime reading and going to plays and galleries but not really sure how to talk about this on an application - do recruiters want to know what shows I'm going to/what I'm reading, should I discuss why I like these things, or just a general 'these are my interests'?
    I *try* to STAR each point but for that I have to be talking about things through which I can show transferable skills. So I talk about editing my uni's law journal, doing amateur theatre classes virtually during lockdown and selling raffle tickets for a charity (that I'm passionate about) because those are easier to spin a narrative around. My actual downtime activities are very similar to yours but I could not write 250-300 words on those!
     
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    Jessica Booker

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    Aug 1, 2019
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    For activities/interests/positions of responsibility questions, does anyone have advice on how to go about discussing personal interests? I like to spend my downtime reading and going to plays and galleries but not really sure how to talk about this on an application - do recruiters want to know what shows I'm going to/what I'm reading, should I discuss why I like these things, or just a general 'these are my interests'?
    Definitely be specific - it will make your application more unique. You don’t have to explain why you enjoy it, although occasionally people weave that in. But I’d try to get as many different examples in first, rather than going into detail about why you do it.
     
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    Rob93

    Legendary Member
    Dec 29, 2020
    627
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    I *try* to STAR each point but for that I have to be talking about things through which I can show transferable skills. So I talk about editing my uni's law journal, doing amateur theatre classes virtually during lockdown and selling raffle tickets for a charity (that I'm passionate about) because those are easier to spin a narrative around. My actual downtime activities are very similar to yours but I could not write 250-300 words on those!
    I get that! I use most of the space in those questions to talk about roles with student organisations, but I've been out of school a few years and want to at least briefly throw in 'this is what I do when I'm not busy'
     

    Rob93

    Legendary Member
    Dec 29, 2020
    627
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    Definitely be specific - it will make your application more unique. You don’t have to explain why you enjoy it, although occasionally people weave that in. But I’d try to get as many different examples in first, rather than going into detail about why you do it.
    So it would be appropriate to throw in 'I've been reading such and such and recently saw a production of [this] which I really enjoyed'?
     

    Samir_O

    Legendary Member
    Oct 5, 2021
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    when you are filling out your details (eg name job occupation etc) on the Pearson Talent Lens database at the beginning of the watson glaser test, the last box is "receipt number". anyone know what I am meant to put in this box?
     
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