THE MAİN DİFFERENCES BETWEEN CIF AND FOB CONTRACTS UNDER ENGLİSH LAW CIF contract is that when the seller has delivered the goods or provides them afloat. He has to perform the contract by tendering conforming documents to the buyer. The significant feature of a CIF contract is that performance of bargain is to be fulfilled by delivery of documents and not by actual physical delivery of goods by the seller. 1 2 FOB contract can be described as a flexible instrument. Because‚ the buyer has
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by express or implied contract or by law‚ in which one party (the agent) may act on behalf of another party (the principal) and bind that other party by words and/or actions. The etymology of the word agent or agency says much. The words are derived from the Latin verb ago‚ agere (the respective noun agens‚ agentis). The word denotes one who acts‚ a doer‚ force or power that accomplishes things.1 Agency is the exception to the doctrine of privity under the law of contract. 2. LIABILITY OF A PRINCIPAL
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THE INDIAN CONTRACT ACT‚ 1872 ACT No. 9 OF 1872 1* [25th April‚ 1872.] Preamble.WHEREAS it is expedient to define and amend certain parts of the law relating to contracts ; It is hereby enacted as follows - PRELIMINARY 1. Short title. 1.Short title.-This Act may be called the Indian Contract Act‚1872. Extent‚ Commencements.-It extends to the whole of India 2*[except the State of Jammu and Kashmir]; and it shall come into force on the first day of September‚ 1872. 3* Nothing herein contained
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LAW OF CONTRACT Thursday 9:00 Summer Term‚ 2014 Lecturer and Module Co-ordinator: John Halladay Texts: Poole‚ Textbook on Contract Law McKendrick‚ Contract Law Casebook: Both Poole and McKendrick have casebooks which are very good. There are also many others on the market. Statute book: There are not many statutes in the course but there are some and this will be useful for the exam. Any Contract or Commercial Law statute book should do. A. WHY CONTRACT?
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enforce. A. Definition: Contract law is an enforcement of a single promise‚ not an agreement at whole. a. Contract law is state law. It is common law by default‚ unless a statute has been passed covering the issue. Right to contract is guaranteed primarily by common law and some statutes‚ NOT by the constitution. Our law does not recognize any natural right to freedom of contract or economic activity. B. Sources of Contract Law b. Common Law: applies if the UCC is silent
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A type of contract‚ a legally binding agreement between two parties to do a certain thing‚ in which one side has all the bargaining power and uses it to write the contract primarily to his or her advantage[1]. Breach of Contract Common Breaches of Contract When any contract is made an agreement is formed between parties to carry out a service and payment for that service. If one of the parties fails to carry out their side of the agreement then the party can be said to be in breach of contract
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Goldsbrough Mort v Quinn A promise to hold an offer open for a time is not enforceable (as there is no consideration). BUT option contracts have consideration for the promise Mobil Oil Australia v Lyndel If the performance of a unilateral contract has commences the offeror can revoke it but there may (Depending on circumstances) be an implied ancillary (side) unilateral contract to not revoke it which you would be in breach of Stevenson‚ Jaques & Co v McLean Inquiry as to a method of payment is not a rejection
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CONTRACTS PROJECT ON NOVATION INDEX INTRODUCTION ………………………………………. 4 DEFINITION IN INDIAN CONTRACT ACT …… 5 ELEMENTS OF VALID NOVATION …………….. 5 KINDS OF NOVATION ……………………………… 5 CHANGE OF PARTIES ………………………………. 6 SUBSTITUTION OF NEW AGREEMENT …….. 7 NOVATION AGREEMENT IN BUSINESS ……. 8 MATERIAL ALTERATIONS ……………………….. 10 ASSIGNMENT VS NOVATION UNDER ENGLISH LAW…………………………………………................ 11 STATUTORY SUBSTITUTION OF
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MERCANTILE LAW CA POOJA SHARMA PH NO: 09811599587 THE INDIAN CONTRACT ACT‚ 1872 CHAPTER 1- NATURE OF CONTRACT The law of contract is that branch of law which determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon
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ESSENTIAL ELEMENTS OF A VALID CONTRACT: To be enforceable by law an agreement must possess the essential elements of a valid contract as laid down by Sec.10 of Contract Act in the following terms; ‘All agreements are contracts if they are made by the free consent of parties competent to contract‚ for a lawful consideration and with a lawful object‚ and are not hereby expressly declared to be void.’ Following are the conditions for validity of the contract in detail. 1. Offer and Acceptance:
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