Commercial Law Questions 1 What is meant by the terms "void" and "Voidable"- give examples quoting relevant case law. Void = is where there is no contract and never did exist in the first place‚ and a third party has no rights at all under a void contract. Case law: J Loudon & Co v Elder’s Curator Bonis. Voidable = is where a contract is valid until the court sets it aside‚ and a third party has good title if contracted before the contract being set aside or reduced by the courts. (The timing
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ESSENTIALS OF CONTRACT OF SALE DISTINGUISH BETWEEN SALE AND AGREEMENT TO SELL DOCUMENTS OF TITLE TO GOODS CONDITIONS AND WARRANTIES DOCTRINE OF CAVEAT EMPTOR RIGHTS OF UNPAID SELLER DELIVERY – RULES REGARDING DELIVERY SALE BY AUCTION Introduction Originally‚ the law relating to sale of goods was contained in Chapter VII of the Indian Contract Act‚ 1872. The same was repealed and re-enacted by the Sale of Goods Act‚ III of 1930. Definition (Section 4) A contract of sale
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-1Question 6 of Examination paper 2007 (a) The contract for sale which Macbeth had entered with Weetocrunch Ltd is a separate contract with that of the contract entered with the banks with regards to the documentary credits. For the purposes of this question‚ we are only dealing with the contract of the documents between Macbeth and the confirming bank‚ Noddy Bank. Noddy bank had been authorized in this case by the issuing bank‚ Toytown Bank to pay the beneficiary‚ also known as the seller‚ Macbeth
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to have a legally binding contract. Consideration can be anything of value (such as an item) which each party must agree to exchange for the contract to be valid. For consideration to be sufficient‚ both parties have to have an agreement. If only one party agrees to it‚ then the agreement is not consider a legally binding contract. Something must be given or promise in exchange for the promise. Consideration must be sufficient but it need not be adequate to form a contract. The courts will not measure
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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 on his part
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Commercial law 09/09/13 There are 2 essays (50% each) no exam. The main focus are: goods acts‚ mains kind of dispute in transaction‚ property (real owner)‚ title‚ damages on goods or late delivery of the goods. I. Introduction: Definition of Contract of Sale of Goods‚ Formalities A) The sales of goods acts Goods Acts In Ireland‚ sales of good is contained is the sales of goods Act 1893. Act of the british Ireland. It was replaced by the sales of good act of 1980‚ which is
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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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Introduction to Commercial Law Jasper Goh Jia Qing We would need to establish if there was a valid contract formed. As per Lord Wilberforce in The Eurymedon‚ an enforceable contract would have to consist of a valid offer and agreement‚ consideration‚ an intention to create legal relations and there has to be no vitiating factors. The first issue would be as to whether there was an offer on the advertisement regarding
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TORT‚ PRODUCT LIABILITY‚ INTELLECTUAL PROPERTY‚ CRIMINAL and PROPERTY LAW CASE ANALYSIS TORT CASE OVERVIEW LEGAL ASPECTS 535 PROFESSOR T. RICE MEMORANDUM TO: Professor T. Rice FROM: RE: Denny v. Ford Motor Company (Tort Law) FILE: Court of Appeals of New York‚ 1995 639 N.Y.S. 2d 250 DATE: April 6‚ 2014 Conclusion: Nancy Denny (Plaintiff) was driving her Ford Bronco II in June of 1986‚ when she slammed on the brakes to avoid hitting a deer that had walked in front of her vehicle
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Steven Westgate BUS345.01 Business Law I Chapters 9‚ 10‚ 11‚ 12‚ 13‚ 14‚ 15‚ 16‚ 17‚ and 18 Professor Sappington November 3‚ 2003 1) This would indeed be a contract called an implied-in-fact contract. This is a contract that is implied from the conduct of the parties. Unlike other contracts‚ the contract was created through the conduct of the parties‚ not through words. This is what Miller and McCleskey have done. The parties both agreed through their
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