L.S. 4523 / 5523 Handout 9 Spring‚ 2013 1. What is a material breach of contract? There are three types of material breach. Anticipatory repudiation: A repudiation of contract obligations before they become due. Must be unequivocal (clear statements of a parties refusal to preform when performance is due.) No assurance (demanded writing exceeds 30 days) = repudiation. 1.) Waffling Seller: A seller who equivocates when asked if he’s going to deliver the goods as promised. 2.) Cash
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Contents of Contract Flow Chart Statements made during negotiations Conditions and Warranties Implied Terms Expressed Terms Terms Discharge of the Contract Discharge of the Contract continued Remedies available for breach of contract ----------------------- Express terms: Whether any dispute arises as to meaning of a contract it becomes necessary to construe (interpret) the terms of contract in order to ascertain intention
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Court Court of Common Pleas Citation(s) (1862) 11 Cb (NS) 869; [1862] EWHC CP J35; 142 ER 1037 Transcript(s) Full text of judgment Judge(s) sitting Willes J‚ Byles J and Keating J Felthouse v Bindley (1862) EWHC CP J 35‚ is the leading English contract law case on the rule that one cannot impose an obligation on another to reject one ’s offer. This is sometimes misleadingly expressed as a rule that "silence cannot amount to acceptance". Later the case has been rethought‚ because it appeared that
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1950. The law applicable are Sec 26 of CA has stated that agreement made without consideration is void. According to Sec 2(d) of CA‚ consideration is an act or abstinence or promise by the promisee or any other person as required by the promisor in return for his promise. Literally‚ it means something that is given in return for something else. On the other hand‚ there was an exceptions under Sec 26 of CA which is an agreement without consideration is void unless the contract made on account
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Contract of sale Table of content 1. The seller’s duty to protect 2. The seller’s duty to deliver 3.1 The meaning of delivery 3.2 How delivery occurs 3. The seller’s ability for latent defects 4.3 General principles 4.4 Requirements for liability 4.5 Scope of the seller’s liability 4.6 Waiver at the time of conclusion of the agreement 4.7 Latent defects in repairs 4. The manufacture & dealer’s liability for latent defect 5
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To what extent do judges establish the existence of a contract based on the intention of the parties? In 1893‚ the famous case of Carllil v Carbolic Smoke Ball Co.1 demonstrated the extent of the establishment of a legally binding contract based on the intention of the parties via advertisements. However‚ the formation of contracts is not solely based on the intentions between parties. After the invitation to treat‚ there should be an offer and acceptance‚ intention to create legal relation‚ consideration
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It is trite law that an insurer under a contract of indemnity insurance‚ who has satisfied the claim of the insured‚ is entitled to be placed in the insured’s position in respect of all rights and remedies against other parties which were vested in the insured in relation to the subject-matter of the insurance1. Where the insured has proceeded against the third party after the insurer had paid out the claim and without the insurer’s authority as happened in Visser v Incorporated General Insurances
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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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law of contractWeather contract between Cheff Reez and Marimar Hotel is void. Principle Offer S.2(a) when a person signifies his willingness to do or abstain from doing anything‚ with a view to obtain the assent of that other to the act of abstinence‚ he said to make a proposal. Acceptance S.2(b) when the person to whom the proposal is made signifies his assent thereto‚the proposal is said to be accepted. A proposal when accepted ‚becomes promise. S.7(b) In order to convert a proposal
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the law protect the rights of consumers?! The monumental changes in the last two centuries have rendered consumers especially vulnerable to unfair business conduct. In reaction to this the law has set out exactly what the rights of consumers are‚ and attempts to protect them through a number of ways. Over the years‚ the courts have made numerous decisions in relation to consumers and businesses and the result has been a thorough body of common laws that regulate the formation of contracts. The
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