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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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z LawVariation of contract The issue here is whether the variation of the contract is valid. Generally‚ if the contract itself clearly allows for the variation‚ the variation will be binding. However‚ if the contract does not clearly provide for variations‚ for the variation to be valid‚ both parties must agree to the changes and the following must be present. EITHER Fresh consideration If there is fresh consideration for the change or variation‚ the change or variation will be valid. This means
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Tort of negligence Legal obligation on persons to exercise reasonable care not to cause harm to others in specified circumstances. In order to establish liability for the Tort‚ the victim has to show: 1. He is owned a duty of care by the tortfeasor; 2. The tortfeasor has beached that duty of care AND 3. The victim has suffered resulting damage Duty of care: The “Neighbor Principle” to establish whether or not a duty of care is owed in the context of the Tort of negligence. First one has to establish
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that the tiles used to lay the floor of the factory must be manufactured by Preston Bhd. Clause 8- Limitation of Liability The contractor shall not be under any liability in respect of any loss or damage which may arise from breach of warranties whether express or implied relating to this
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a lawyer. If he doesn’t have the funds he can call a lawyer for a free consultation or legal aid. He may just want to ask a few questions and not hire one. I would tell him to keep all records: conversations‚ dates‚ names‚ pictures‚ estimates‚ warranties‚ receipts‚ etc. If he has to go to court because the damages are over the limit for SCC then he may want to hire one or plead his case alone. Describe four common consumer myths and explain the dangers of such erroneous beliefs. Why do you
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Agency (1) AGENCY RELATIONSHIP? (2) AUTHORITY? Agency is an agreement‚ express or implied‚ by which the principal entrusts to the agent‚ the management of the business; to be transacted in his name‚ or on his account‚ and by which the agent assumes to do the business and to render an account of it. Agency involves: Principal‚ who passes authority to Agent to effect the legal relations between the principal Third party‚ acted with principal through the agent Section 135 CA (Definition of Agent)
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1. Voidable Contract: An agreement which is enforceable by law at the option of one or more of the parties thereto‚ but not at the option of the other or others‚ is a voidable contract. A contract is voidable when one of the parties to the contract has not exercised his free consent. One of the essential elements of a formation of a contract for example‚ free consent‚ is absent. All voidable contracts are those which are induced by coercion fraud or misrepresentation. The person whose consent is
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(g)International Person 4.What governs the relationship in International Trade? Tutorial 2 1. Explain the fundamental elements of a contract 2. Explain the differences between: (a) Formal & Informal Contract (b) Express & Implied Contract (c) Implied & Express Contract 3. Explain briefly 4 EU Directive: (a) EU Directive Protection of Consumers in respect of Distance Contract (b) EU Directive on Unfair Contract Terms (c) (d) 4. Explain briefly : (a) CISG (b) UNCITRAL
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consumer. The legislature and the courts of Australia observe the principle that certain standards must be upheld in contracts‚ even when the parties do not state them expressly. These are called implied terms‚ an instance would be the notion of merchantable quality‚ where the goods fit the description. Implied terms protect consumers who may not be especially savvy of their rights as consumers and thus the law here further ensures that consumer
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