LAW204 - CONTRACTS Week 5 – Express Terms ___________ ** N.B. The main cases covered in lectures‚ containing MAIN RULES are highlighted in YELLOW! READINGS/LECTURE CHAPTER 10 – EXPRESS TERMS Introduction – Contents of a Contract? Express Terms: contain contractual promise and terms that are capable of being Incorporation by pre-contractual statement: Courts look at what the parties said Have these statements become express terms? Statements the court acknowledges: Irrelevant
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UNFAIR CONTRACT TERMS ACT Section 1 (3) In the case of both contract and tort‚ sections 2 to 7 apply (except where the contrary is stated in section 6(4)) only to business liability‚ that is liability for breach of obligations or duties arising from things done or to be done by a person in the course of a business (whether his own business or another’s)‚ and references to liability are to be read accordingly. Section 2 (1) A person cannot by reference to any contract term or to a notice given
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Intro and formation of contracts . Basic Legal Contract Principles People have a right to contract – conduct is voluntary. Anything that takes away voluntariness is questionable‚ e.g.‚ duress‚ economic duress‚ fraud‚ coercion. People have right to breach. But must place other party in the same position for which they contracted‚ so must pay them damages. If legal remedy does not work and P is entitled to be placed into performance‚ then must order specific performance. Specific performance
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Part A For a contract‚ it is necessary to decide what the parties have agreed‚ otherwise it is not possible to know whether the parties have done what they contracted to do. However‚ not all the statements made during negotiations are contractual terms. Therefore‚ here to discuss terms of the contract. Terms of the contract According to James (2010)‚ the terms of the contract are the specific details of the agreement‚ including each party’s rights and obligations. Broadly speaking‚ there are
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Asif Tufal Contract-Law-page CASES ON FORMATION OF A CONTRACT OFFER Payne v Cave (1789) The defendant made the highest bid for the plaintiff’s goods at an auction sale‚ but he withdrew his bid before the fall of the auctioneer’s hammer. It was held that the defendant was not bound to purchase the goods. His bid amounted to an offer which he was entitled to withdraw at any time before the auctioneer signified acceptance by knocking down the hammer. Note: The common law rule laid down in
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therefore contract terms. The team also weighed the cost of new machines against capital for inventory and interest rates‚ evaluating the return on investment and the impact a new machine had on lead times. Using this consideration set‚ team Honeybadgers purchased one tuning machine‚ one stuffing machine‚ and changed the contract terms on ten occasions. Ultimately‚ the team placed 5th. ------------------------------------------------- Actions & Analysis Changing Contract Terms: A 7 day
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Carlill v Carbolic Smoke Ball Co | | |[pic] | |Court |Court of Appeal (Civil Division) | |Full case name |Louisa Carlill v Carbolic Smoke Ball Company | |Date decided |7 December 1893 | |Citation(s) |[1892] EWCA Civ 1‚ [1893] 1 QB 256 | |Judge(s) sitting |Lindley LJ‚ Bowen LJ and AL Smith
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Mills Company and the appellants appointing the appellants it’s Agents for a period of 30 years. The appellants throughout worked only as the Agents of the Mills Company and for the Fasli years 1351 and 1352 they received their remuneration under the terms of the Agency agreement. Notice was sent to the appellants to pay the amount of tax appertaining to these chargeable accounting periods. The appellants submitted their accounts and contended that the remuneration received by them from the Mills Company
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The first is there any contract between Kareem and Karen as a car dealer. Karen‚ a second hand car dealer had advertised in the local newspaper. “Eastern Anglia Print” to offering to sell a second hand car‚ Zyuntai H30 series in colour of silver metallic‚ year 2013 model with turbo sports body kit and sports tuned suspension for only 4500 pounds in cash. In condition of first come first serve is an invitation to treat. This meaning that Karen‚ as a car dealer is using advertisement as a invitation
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INTRODUCTION Indian Contract Act 1872 is the main source of law regulating contracts in Indian law‚ as subsequently amended. It 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 the parties. The Indian Contract Act 1872
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