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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Lecture 4 & 5 - CISG- International Contracts of Sale of Goods Contract The issues in this case is -- what is the governing law? -- Does CISG apply? -- Is there a breach of contract by (seller) as regards to (a) Delay of delivery (b) quality if wines? -- What are the remedies available to (buyer)? 1. Is there a choice of law clause? ( Yes – Australian is the governing law ) ( No- where there is no choice of law clause in the sale contract‚ courts will choose the law of nation which has the ‘ closest
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never had a valid written contract. In the scenario‚ the parties negotiated for a period of 90 days and 3 days before the deadline set in the original negotiation contract they reached a verbal distribution agreement. In the original negotiation contract‚ it states that there would be no distribution contract unless it was in writing. When the BTT manager sent the e-mail to Chou‚ he mentioned the terms of a distribution agreement‚ but it does not make the email a contract due to the fact that neither
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Arlington County‚ 452 S.E.2d 659 FACTS: D.C. McClain‚ Inc. entered into a contract with Arlington County to build a bridge. A major portion of the project was installing post-tensioning pre-stressed concrete‚ which required securing an easement from Westfield Realty‚ Inc. for eight feet of land behind where the bridge was to be built. This request for an easement was denied on February 15‚ 1988. McClain executed the contract on March 16‚ 1988 to construct the bridge for $789‚755.90. VSL‚ the subcontractor
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Assignment Total Words : 1051 Name : Zi Lin ( Emilie ) Student Number : 706479 Teacher’s Name : Jonathan Bowlby Group : 4 Case1 Issue Does XZA Bank Pty Ltd have legal right to sell Ji’s house based on the loan contract he signed? Rules The case of Commercial Bank of Australia v Amadio[1] and Blomley v Ryan[2] demonstrate the bank’s conduct were unconscionable. The court look at 3 main elements to determining whether to activate the doctrine of unconscionability
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1. It involves Economic Systems and Government Control of Business Activity. (a) List TWO types of economic systems. (2mks) (b) Explain the differences between the types of economic systems listed in (a) above. (4mks) (c) Suggest two ways by which the government of your country can control business activity. (4mks) (a) Any two types of economic systems can be listed‚ for example‚ the free economic system and the planned economic system. This part of the question does not require any expansion
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CAUSE OF ACTION: Angel Tool and Equipment Manufacturing‚ Inc.‚ vs. Cut Above Construction‚ LLC‚ FACTS: Angel and Cut Above entered into a contract for the sale and purchase of a specialized crane. Pursuant to the contract Cut Above is to pay Angel $100‚000.00 for the manufacture of a crane with special hydraulics. Cut Above paid Angel a deposit of $50‚000.00 with the remainder to be paid to Angel upon delivery of the crane‚ per specifications‚ on January 15‚ 2011. Following a conversation with
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Question 1 In relation to the doctrine of consideration‚ is it possible for David Properties Ltd. to not pay the extra $10‚000 that was promised to tom? Enforceable promise must be supported by consideration under the contract law. The definition of consideration was defined by the courts based on the case of Dunlop Pneumatic Tyres against Selfridge. On the facts‚ David Properties Ltd. has promised to pay an extra $10‚000 and the issue that arose was whether Tom provided any consideration
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Unit 5 Practice Test 1. All contracts involving interests in land must be in writing to be enforceable –T 2. A contract that by its own terms cannot be performed within a year must be in writing to be enforceable -T 3. All promises must be in writing to be enforceable -F 4. There are no exceptions to the Statute of Frauds -F 5. The rights under a contract for personal service normally can be assigned - F 6. A contract that contains a clause prohibiting its assignment will usually prevent it from
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NoBugs was the only supplier who was able to meet with the Sterling’s high specifications‚ thus both of the companies remain in contract for more than ten years. Mutually agreed business terms proved to be rewarding for both of them‚ where each has earned revenue with attractive rate of return. Sterling Inc. and NoBugs Corporation‚ both has agreed to enter into contract‚ on mutually beneficial business terms‚ where NoBugs was responsible for providing high quality microchips‚ with no defects and
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