General Assembly Distr.: General 16 February 2011 English Original: Spanish United Nations Commission on International Trade Law CASE LAW ON UNCITRAL TEXTS (CLOUT) Contents Page Cases relating to the United Nations Convention on Contracts for the International Sale of Goods (CISG) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Case 1033: CISG 14; 15; 16; 74; 75; 77 - Spain: Murcia Provincial High Court
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on behalf of the shareholders repudiated the contract for the construction of the railway‚ as being ultra-vires the company and Mr. Riche sued the company for damages for breach of contract. ------------------------------------------------- Issues The issues brought before the Court are stated as follows:- (1) Whether the corporation can enter into a transaction beyond its powers which are conferred by its charter or not? (2) Whether the contract entered into by the Ashbury Railway Carriage
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act as a promisor while the Melissa act as a promisee. Adrian had made an offer to a specific person which is Melissa. Hence‚ only Melissa can accept the offer that made by Adrian. Thus‚ when the offer is accepted by Melissa‚ it becomes a bilateral contract (agreement that involve two person or groups). The offer that made by Adrian to Melissa in this scenario is made expressly which is made in word. Adrian had sent an offer letter to Melissa on 1st November 2015 to sell his car. The offer letter that
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TAKE HOME FULL LENGTH TEST – June 2011 ACCOUNTS AND LAW Maximum Marks: 100 Time: 2 Hours SECTION-A Accounts Q1. The ‘going concern concept’ is the underlying basis for (a) Stating fixed assets at their realizable values. (b) Disclosing the market value of securities (c) Disclosing the sales and other operating information in the income statement (d) None of the above. Q2. Rs. 1500 received from sub-tenant for rent and entered correctly in the cash book is posted to the debit of the rent account
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Law of Contract the phrase “mistake” & “Misrepresentation” is applied when one or both parties of a contract act under a false or mistaken understanding. Mistake can be defined by Pendleton ‚ Vickery (1998)‚ [1] as; ➢ A misunderstanding regarding a fact‚ causing one or more parties to hold disagreeing beliefs about the foundation of a contract. Mistakes can be made in the form of a contracts subject matter or as a mistake of identity. There are 3 different types of mistake in Contract Law.
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deliver in instalments and paid for separately‚ and either the seller makes defective deliveries‚ or the buyer refuses to take delivery‚ it would: • result in repudiation of the whole contract‚ or • it would be a severable breach giving rise to a claim for damages only. (c) It depends on the terms of the contract[s.33] • Maple Flock Co. Ltd. v. Universal Furniture Products (Wembley) Ltd. (1934) In Maple Flock Co. Ltd. v Universal Furniture Products‚ the seller agreed to deliver goods in installment
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STAY OF PROCEEDINGS PENDING ARBITRATION: DOES IT APPLY TO INSOLVENCY PROCEEDINGS? By Bwire B. Kuboja There are two main sources of law in Tanzania Mainland regulating stay of proceedings pending arbitration namely section 6 of the Arbitration Act and section 64 of the Civil Procedure Code Act read together with the Second Schedule to the Civil Procedure Code Act. Under section 6 of the Arbitration Act‚ a party to a submission against whom a proceeding connected to any matter agreed to be
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Grapes Jennifer K. Smith Liberty University Scuppernong Grapes 28 January 2014 The Scuppernong Grapes Distribution Company should discontinue business with Don. Don did not act in good faith when requesting a minor to sign a contract. Don may be able to pursue some legal action against the grape distribution company‚ but it is in a good position to defend itself. Additionally‚ while Don does not claim to be a Christian and should therefore not necessarily be held to Christian
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nature in a matter involving existing or pending litigation. It deals primarily with issues related to the quantification of economic damages. A typical litigation support assignment would be calculating the economic loss resulting from a breach of contract. 3. What is Investigative Accounting? "Investigative Accounting"‚ is often associated with investigations of criminal matters. A typical investigative accounting assignment would be an investigation of employee theft. Other examples include
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the Fair Work Act Australia (2009) is applicable to Johnny together with all the entitlements and awards binding to it. And on regards on the verbal promise‚ it is a fact that negotiations with existing employees on the variation of the employment contract hold the characteristics of trading and commerce. Rule of the Law There are is an importance to proof whether or not Johnny is an employee in the eyes of the common law‚ a test will be used in courts to proof it; in particular‚ the multi factor
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