Chapter 7 the terms of the contract 1. When contract is made orally‚ not all oral statement will amount to a term some are just ‘mere puffs’. These statements will never provide any form of remedy. 2. Mere puff只是单纯的吹嘘，是一种statement of opinion‚ 不构成任何的representation或term 3. 三种不同的terms：conditions‚ warranties‚ and innominate terms * CONDITIONS: important terms form the main structure of the contract. If breach‚ repudiate the contract and claim the damage * WARRANTIES: minor terms ancillary(辅助)
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Part A Question 1 Step 1 Identify the legal issue The legal issue is whether the element of agreement requires the formation of a valid contract. Step 2 Explain the principles of law relevant to that issue with reference to authority (cases and/or legislation) The element of an agreement is one of the three elements of a contract intention to be legally bound either in formal execution in a deed; or consideration. Agreements means a meeting of the minds on at least those essential
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Jonah Watson Business Law Case Analysis #3 IN YOUR COURT A remedy is the relief provided for an innocent party when the other party has breached the contract. There are two types of remedies; remedies in equity and remedies at law. Remedies in equity are only awarded only if the remedy at law is inadequate. Remedies at law normally award monetary damages Ken‚ the owner of a famous candy store‚ and Sweet‚ Inc. have entered into a contract‚ essentially designating Sweet‚ Inc. as his
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first step in recognizing the underlying ethical dilemma is to determine the individuals involved in this particular case. The first person we become familiar with in this case is the president of Beech Nut‚ Lars Hoyvald. Most of us that work in a business environment today‚ will most likely use the principle of utilitarianism when making an “ethical” decision. We tend to look at our actions‚ or consequences of our actions‚ in order to determine the best decision. I believe that Lars Hoyvald used
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Table of Contents Introduction Law plays important roles to protect benefits‚ obligations and bringing fair for everybody in society. This report gives information about tortuous liability‚ contractual liability‚ vicarious liability‚ the tort of negligence and defences. After that‚ I can determine liability of person who is responsible when violations as well as providing advices for the legal problems in business of VJSC. (3.1) Contrast liability in torts with contractual
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MALAYSIA SABAH KAMPUS ANTARABANGSA LABUAN BUSINESS LAW ASSIGNMENT Date of submission: 4th of April Lecturer: Madam Yanti Ahmad Shafiee Name of Course: Business Law (GT01103) 2. Describe the Malaysian legal system. Give your opinion as to its role in assisting Malaysian government in running the country. As an introduction‚ Law is a system of rules and guidelines which are enforced through social institutions to govern behavior. The aim of law is to attain justice and to encourage
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B Bai 1 : Business Law: 40. Principle of Law: In this case‚ Esposito hired Excel Construction Company to repair a porch roof. All terms of the agreement were specified in a written contract. And the dispute occurred when Excel had repaired the rear porch roof because in the agreement failed to specify whether it was the front or rear porch that needed repair. Under civil law‚ two parties here had signed a civil contract in writing. Because the contract failed to specify clearly front or rear
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“something for something” or the exchange of promises from each party-from the promisor to the promise-which turns the agreement into a contract. Contracts are the basis of the business and therefore understanding the law of contract is essential for persons wishing to engage in business. There would be no business without contracts. To make a contract legally enforceable six prerequisites should be followed. They are intention to create legal relations‚ agreement‚ consideration‚ legal capacity
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COLLEGE OF BUSINESS TMC COLLEGE LAW Individual Assignment The Importance of Understanding Business Law in Malaysia PREPARED FOR Mr. William Tan PREPARED BY Ilyassova Daniya SUBMISSION DATE 2 June 2014 Table of Content No. Details Page When doing a business it is important to understand laws that apply to your business‚ laws depend on the country you live in‚ but there are many
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CH. 18 – Introduction to Sales 1. What is a merchant under UCC Article 2? 252 A merchant is someone who routinely deals in the particular goods involved. The UCC frequently holds a merchant to a higher standard of conduct than a non-merchant. 2. What are the rules for different terms under Sec. 2-207? 256 If there is no clear oral agreement‚ the Code supplies its own terms‚ called gap fillers‚ which cover prices‚ delivery dates and places‚ warranties‚ etc. 3. What situations are covered by
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