1. Under the theories of obligation and performance‚ and given that Allison wants to keep the car‚ what can she do? The applicable law is governed by the UCC under express warranty. “An express warranty is a statement of fact or promise of performance relating to the goods that becomes a basis of the buy’s bargain” (Twomey and Jennings‚ 2014‚ p. 518). Since Alice wants to keep the car‚ Bill has an obligation of good faith under the UCC concerning the performance of the contract. Under
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1) Advise Amanda and Tracy as to their rights and obligation. In order to advise Amanda and Tracy‚ determining whether there is a contract between them is needed. To form a contract‚ offer‚ acceptance‚ consideration and intention are required. An offer is a definite promise or proposal made by the offeror to the offeree with the intention to be bound by such promise or proposal without further negotiation. An invitation to treat is not an offer‚ but a statement or expression made by a person to
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The parol evidence rule states that‚ if once the terms of an agreement between two parties is written down‚ the parties may not present any evidence in court that contradicts what is written in the agreement. The parol evidence can be thought of as the “four corners” rule. If an agreement exists‚ the court must look for evidence of the agreement terms by reading what is inside the “four corners” of the paper the agreement is printed on. Evidence that does not appear within the “four corners” of the
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For Metalcrafters Inc.‚ the first thing I would do is to decide whether or not each alternative is mutually exclusive or independent. In this case‚ the stamping press alternatives are mutually exclusive‚ the extrusion press alternatives are mutually exclusive‚ and the new parts orders are mutually exclusive. Beginning with the stamping press‚ the next thing I would do is figure out what the expected useful life is for each alternative. Because the SX-65 has a useful life of 5 years and the MD-40
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A valid contract consists of all essential components which present and the court will enforce as a legally binding promise . One of the elements contract to create a contract is agreement which included an offer and acceptance. “Acceptance is a final and unqualified assent to the terms of the offer‚ made in the manner specified or indicated by the offeror” . Acceptance may be express orally‚ in writing‚ occasionally‚ or even by implied from the offeree’s conduct. In communication of acceptance‚
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Describe the different obligations imposed by the implied and the express repair covenant in a lease. (list the various terminologies used and explain their meaning) A repair is ‘making good the damage so as to leave the subject as far as possible as though it had not been damaged’ defined in Clathorpe v McOscar 1924 Ultimately‚ the landlord wants to pass on the repairing responsibility to the tenant. Tenants will usually accept the responsibility as long as it is not too onerous. The phrase caveat
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To form a contract‚ it usually requires offer and acceptance. Acceptance is an expression by words or conduct of assent to the terms of the offer. It shall be clear‚ unequivocal and unconditional as prescribed by the offeror. It is a moment when contract exist (that there is consensus ad idem). The general rule of acceptance is been stated in the case of Entores Ltd v Miles Far East Corporation‚ Lord Denning claims that an acceptance does not usually valid until it is reached to the knowledge of
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QUESTION 1 A) When Angie put an advertisement online it was in fact a Invitation to treat - This is not an offer. It is a statement made to another person inviting them to make an offer (e.g. goods displayed in a shop window). An invitation to treat cannot be accepted. A person who responds to an invitation to treat is in fact making an offer‚ which the other party can accept or reject. Pharmaceutical Society of GB v Boots Cash B) In the scenario‚ the offer is made by james. The terms stated by james
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1. Case 9-1: Facebook v. Winklevosses The settlement agreement is enforceable. Based on the four necessary conditions on constructing a valid (bilateral contract in this case) contract: (1) Agreement: Winklevosses agreed that he has “no further right to assert against Facebook” and “no further claims against Facebook and its related parties” in exchange for cash and Facebook stock from Zuckerberg (promise for a promise); (2) Consideration: What Zuckerberg offered was a legal value in exchange for
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***The ones highlighted in red are the main focus for our discussion tomorrow Agenda for tomorrow meeting TITLE OF FAMILY DAY Objective: Group hunt for materials to build a kite after completing substations Why kite? Kite symbolizes a tool for family bonding. Venue: Chinese garden Why? Large space provided for substation games and kite flying Flow of Family Day 12-1pm Estimated number of groups : 10 – each programmer will be attached to one group Introduction of team
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