------------------------------------------------- Indian Contract Act 1872 The law relating to contracts in India is contained in Indian Contract Act‚ 1872. The Act was passed by British India and is based on the principles of English Common Law. It is applicable to the All the States of India except the State of Jammu & Kashmir. 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
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opinion‚ 不构成任何的representation或term 3. 三种不同的terms:conditions‚ warranties‚ and innominate terms * CONDITIONS: important terms form the main structure of the contract. If breach‚ repudiate the contract and claim the damage * WARRANTIES: minor terms ancillary(辅助) to the contract. If breach‚ entitle to damages * INNOMINATE TERMS: the court will decide whether a particular breach to be treated as one of condition or warranty. 4. 区别terms和mere representations * Terms: form part of the
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and ownership • Termination of a contract • Implied conditions and warranties • Payment in installments 3 Dr Subhash Gupta 3. Sales of Goods Act • Insolvency of the buyer and risk of loss • A sale is subject to the imposition of sales tax at the time of a contract of sale while sales tax is not leviable on a hire purchase until it is finally converted into a sale. Sale and bailment Sale and barter exchange Difference between a condition and a warranty (a)Purpose (b)Difference as to breach (c)Difference
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legal action against Ah Chong for breach of implied condition by description. Principles of Law Section 2 of SGA "Every kind of movable property other than actionable claims and money‚ and includes stocks and shares‚ growing crops‚ grass and thing attached to or forming part of land which are agreed to be severed for sale or under the contract of sale" Section 15 of SGA If the contract is for the sales of goods by description‚ there is an implied condition that the goods must correspond with
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on the doctrine of merchantability‚ Super gave Bing implied warranty that the epoxy will meet meets industry standard and Bing had reasonable expectation that the epoxy will harden. Therefore‚ there was an implied contract between Bing and Super BING V. SUPER BREACH OF CONTRACT On the basis of implied contract‚ Bing will be able to prevail in action against Super. Under UCC‚ if a seller is a merchant‚ a warranty of merchantability is implied. To be merchantable‚ the goods must reasonably conform
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THE SALE OF GOODS ACT‚ 1930 What you should know? ✓ 15.1 Formation of Contract of Sale ✓ 15.2 Conditions and Warranties – Doctrine of Caveat Emptor. ✓ 15.3 Transfer of Ownership from seller to buyer – Transfer by non-owners ✓ 15.4 Performance of the Contract – Rules regarding delivery. ✓ 15.5 Rights of Buyer ✓ 15.6 Rights of Unpaid Seller ✓ 15.7 Auction Sales The Sale of Goods Act‚ 1930‚ governs transfer of property in goods. It does not include transfer
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Report on The Law Relating to Sale of goods Group Name: CrypTic Batch: 9th Section: A Session: 2014-2015 Department of Management Studies Faculty of Business Studies Jagannath University October‚ 2014 COURSE NAME: COMMERCIAL LAW COURSE CODE: 1210 BBA 1st year 2nd Semester GROUP NAME: CrypTic SERIAL NO. MEMBERS NAME ROLL MOBILE No. & Email Address
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Sale of Goods Goods perishing before sale but after agreement to sell. The Price 10. 11. Ascertainment of price. Agreement to sell at valuation. Conditions and Warranties 12. 13. 14. 15. 16. Stipulations as to time. When condition to be treated as warranty. Implied undertaking as to title‚ etc. Sale by description. Implied conditions as to quality or fitness. Sale by Sample 17. Sale by sample.
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insurer under negotiation and will have to proceed with the terms of the contract. There are two types of terms which can be found in a contract‚ these are… * The express term - Clauses in the agreement that are agreed to by both parties. * The implied term - Part of the contract not necessarily included by the parties but automatically included by the law to protect all parties. Express terms are statements made between the parties. These statements can either be made by word of mouth or in writing
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The Sale of Goods Act‚ 1930 Preamble 3 of 1930 (15th March‚ 1930) An Act to define and amend the law relating to the sale of goods. WHEREAS it is expedient to define and amend the law relating to the sale of goods‚ it is hereby enacted as follows: - Chapter 1 - Preliminary 1. Short title‚ extent and commencement.- (1) This Act may be called the Sale of Goods Act‚ 1930. 2) It extends to the whole of India (except the State of Jammu and Kashmir). (3) It shall come into
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