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crane delivery entitled Cut Above to damages. LAW: UCC § 2–607. Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over. UCC § 2–717. Deduction of Damages From the Price. UCC § 2-712. "Cover"; Buyer’s Procurement of Substitute Goods. UCC § 2-607. Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over. RATIONALE: The court
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ON THE REGISTER It amounts to a promise that ship at time of making of the charter is so classed. It has no future assurance that the owner will continue to act to retain the class . The loss of the class may be due to unseaworthiness or some other breach of ship-owners obligations. Routh v. Macmillan In the case the merchant at New York chartered a ship ‘Hannah Eastee’ classed A1 ship at Lloyd’s for carrying a load of wheat to England. But due to bad management she runs off from A1 power. The cargo
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Topic 4 – Contract Non-legal implications of a breach of contract would include: potential loss of creditability in the marketplace and loss of new/return business for the party who breached the contract. Eg‚ a company selling goods and services‚ a damaged reputation could result in the loss of new and existing customer contracts. Eg. a breach of a loan contract‚ the potential loss of credit rating affecting future credit potential and business opportunities. flow on effects of consequent
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Assignment 1 Case Study: Contract and Sale of Goods Law Vinyl film is used to make commercial signage such as billboards‚ signage on vehicles‚ and traffic signs. There are two types of vinyl film: cast vinyl film and calendared vinyl film. Cast vinyl film is considered by the industry to be a premium product with excellent durability and conformability (ie ability to stretch over surfaces with corrugations or curves). It is used when the customer wants a paint-like finish that will last a long
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TABL1710 Contract law Contract- AGREEMENT concerning PROMISES between 2 or more parties LEGAL RIGHTS & OBLIGATIONS Elements for legally binding contract: Intention- must have evidence to INTEND to make legal contract ‘Subject to contract’ NOT in final form MASTERS V CAMERON (no contract until conditions met) Implied intention: Social (friends)‚ family‚ domestic‚ voluntary NO INTENTION BALFOUR V BALFOUR (husband & wife- no agreement) COHEN V COHEN WAKELING V RIPLEY (seriousness- big sacrifice)
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important terms form the main structure of the contract. If breach‚ repudiate the contract and claim the damage * WARRANTIES: minor terms ancillary(辅助) to the contract. If breach‚ entitle to damages * INNOMINATE TERMS: the court will decide whether a particular breach to be treated as one of condition or warranty. 4. 区别terms和mere representations * Terms: form part of the contract‚ if not complied with‚ can result in an action of breach of contract * Mere representations: simple statements
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CENTENNIAL COLLEGE ACC 5008 Business and Company Law in Hong Kong Assignment Lai Mai Hung‚ Faderlouis 81200011 Wishful Wine Ltd and Massy Wine Ltd have a contract in this case‚ and it occur four situations that will discuss on each. “The two parties agree to have the wine bottled and to deliver them in crates of 12 bottles‚ by four installments.” which “crates of 12 bottles” and “by four installments” are constitute a condition. In the first
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making it binding as illustrated in the case of Willams against Roffey Brothers. Question 2 Can David Properties Ltd. protect itself from being sued for damages for breach of their contractual obligations? David Properties Ltd. may rely on the doctrine of frustration to argue that there is no contractual breach as the event that resulted in not performing his contract correctly was a
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INTRODUCTION By virtue of Section 11 of the Contracts Act‚ only persons who are of the age of majority according to the law to which they are subject are competent to contract. However‚ there are certain statutory exceptions to the rule that all contracts entered into by minors are void. These exceptions are found in the Age of Majority Act 1971 Contracts(Amendment) Act 1976‚ relating to scholarship agreements‚ and the Children and Young Persons(Employment) Act 1966. What is minor
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