Grocery‚ Inc. **Contract Law Portion** There are two bodies of law that govern contracts; Article 2 of the Uniform Commercial Code and the common law of contracts. “The Uniform Commercial Code‚ or UCC‚ is statutory law in every state. The common law of contracts is court-made law that‚ like all court-made law‚ is in a constant state of evolution.” (Mallor‚ 2007) The UCC was created by the American Law Institute and the National Conference of Commissioners on Uniform State Laws to establish a uniform
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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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laughed and said‚ "Yeah‚ right." But without a van‚ Buyer would not be able to start his courier service. Investor wants to hire you to give Buyer legal advice. Prepare a memorandum addressing the following matters in detail‚ and including relevant case law to support your arguments: What are Buyer ’s potential claims against Seller? What are Seller ’s potential defences? Who is likely to prevail in the event this case goes to court? Assume Buyer prevails in his lawsuit against Seller. What damages
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and consent by the other so to act”. A party who employs another person to act in his behalf and subject is called a Principal. A party who agrees to act on behalf of another is called an Agent. Agency is governed by a large body of common law known as agency law. Eg: A real estate broker who is employed to sell a house. 2. What are the duties of a Principal to its Agent? A Principal owes following duties to its agent: * Duty to compensate: A principal owes a duty to compensate an agent
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other….The principle is…sometimes expressed by saying that insurance contracts are contracts uberrimae fidae.” (Petony‚ Graw‚ Lennard and Parker‚ Understanding Business Law‚ 5th ed‚ Lexis Nexis‚ 2011‚ p702) Required: a. Explain what is meant by “utmost good faith” and why it is of particular importance in the context of insurance contracts. (10 marks) b. How is this principle reflected in the provisions of the Insurance Contracts Act 1984 (Cth) as amended? (5 marks) Part B (20 marks)
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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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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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CHAPTER 19 FORMATION AND TERMS OF SALES CONTRACTS Outline I. Introduction The Uniform Commercial Code was prepared to simplify and modernize the rules of law governing commercial transactions. A. Sale of Goods Article 2 applies to all contracts for the sale of goods. Some contracts are "mixed" (include both sale of goods and provision of services). In this case‚ the test is "which predominates." Example: Heart of Texas Dodge‚ Inc. v. Star Coach L.L.C.: The customization
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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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CONTRACT – REMEDIES (Pg 183) Damages |Damages is the principal common law remedy for a breach of contract. It refers to the monetary compensation payable by the defaulting party. | |Assessment |Aim of unliquidated damages | | |The general principle of assessment is that the injured party is to be placed in the same financial position he
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