the quantity of the goods at the start of the defendant’s period of responsibility‚ the claimant will be able to rely on the common law and statutory rules that governs the effect of the statements in shipping documents‚ such as bill of lading. As to this case there are no information about the about the period when the wine were transported‚ date when the contract has taken place and delivery terms‚ no information about how the cargo was stowed and also no information from the claimant about how
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1) SCHROEDER V LUCY On what contractual grounds could he sue? Schroeder can sue on contractual grounds of unconscionable since the prenuptial agreement was acquired through misrepresentation and duress (Clarkson‚ Miller & Ross‚ 2015). Thus‚ Schroeder can sue on not given an opportunity to get his separate permissible counsel or read the agreement before signing it. Moreover‚ Schroeder can sue on no complete disclosure on Lucy’s debt or assets‚ and fraud since Lucy did not keep her promise to buy
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C. THE UNFAIR CONTRACT TERMS ACT 1977 The basic purpose of UCTA 1977 is to restrict the extent to which liability in a contract can be excluded for breach of contract and negligence‚ largely by reference to a reasonableness requirement‚ but in some cases by a specific prohibition. S.6(2) states that as against a person dealing as consumer‚ liability for breach of the obligations arising from ss.13‚ 14 or 15 of the Sale of Goods Act 1979 (seller’s implied undertakings as to conformity of goods with
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Reviewer in LawObli DIFFERENT KINDS OF OBLIGATIONS Pure obligation- is one which is not subject any condition and no specific date is mentioned for its fulfillment and is‚ therefore‚ immediately demandable. Conditional obligation- is one whose consequences are subject In one way or another to the fulfillment of a condition. Condition- is a future and uncertain event‚ upon the happening of which‚ the effectivity or extinguishment of an obligation subject to it depends. Future and uncertain-
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9. Yes‚ Suzy and Fred have a valid contract. Fred provided an offer to Suzy and Suzy accepted it through phone call in words. However‚ there is one concern for Suzy in this contract. By the time the contract is effective‚ Fred is‚ under 18 years old‚ a minor. If Fred is not married and nor emancipated either‚ he has the legal right to void the contract without being treated as breaching duty. 10. a. Suzy and Wally have a unilateral contract. Suzy made a promise to pay $10‚000 in exchange for Wally
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Conditions A condition is a major term or the ’essence ’ of a contract which goes to the root of the contract. If a condition is breached the innocent party is entitled to repudiate (end) the contract and claim damages. Case example: Poussard v Spiers (1876) 1 QBD 410 Madame Poussard entered a contract to perform as an opera singer for three months. She became ill five days before the opening night and was not able to perform the first four nights. Spiers then replaced her with another opera
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Joel Carter MBA 610 Responsible Corp Leadership Illegal Contracts Was this a legal contract? This contract was legal. A contract is created when two or more separate parties assume defined obligatory roles that have lawful considerations. Put more simply‚ a contract is valid only when non-prohibited actions are being considered. A contract is of course a "legal" document. This implies that the roles and actions are also legal‚ and the parties obligated can legally complete the noted tasks
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Whether there is a legal contract between Bob and Mike? Does Bob have a legal obligation to pay to Tom as there is a contracted between them? Is Bob has to provide Steve with new computers‚ is there a verbal contract formed? Is the contract between Bob and Capital Motors? Law A contract can be defined as an agreement between an individual person or a company that the law enforce. (CSU LAW540 Modules‚ 2017‚ Topic 5) There are six primarily elements for a valid contract which are agreement‚ intention
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1. Infrastructure‚ building and construction contracts often contain so called “termination for convenience” provisions‚ operating independently of breach‚ default or frustration. Termination of a contract has been considered as the legal consequence of certain kinds of breach‚ repudiation or frustration. Frustration is automatic. Breach and repudiation arise where default has occurred. 2. Provisions for termination at the convenience of‚ or at the will of the contracting parties‚ or any one
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Sales contracts are formed in a very similar manner and with similar context as common law contracts. There are some differences however‚ and the Uniform Commercial Code (UCC) Article 2 covers these in great detail. The UCC was established in 1952‚ to “facilitate commerce among the states‚ by providing a uniform‚ but flexible set of rules governing commercial transactions” (Miller‚ 2014). One of the differences is in the contract’s offer‚ and when the contract becomes binding. Generally‚ a contract
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