CHAPTER 21: WARRANTIES AND PRODUCT LIABILITY A warranty is an assurance by one party of the existence of a fact on which the other party can rely. WARRANTIES: Several types of warranties: (1) warranties of title‚ (2) express warranties‚ (3) implied warranties. 1. WARRANTIES OF TITLE: 3 types of title warranties- good title‚ no liens‚ and no infringements-can automatically arise in sales and lease contracts. Sellers warrant they have good and valid title; if buyer learns they don’t the buyer can
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1) SCHROEDER V LUCY On what contractual grounds could he sue? Schroeder can sue on contractual grounds of unconscionable since the prenuptial agreement was acquired through misrepresentation and duress (Clarkson‚ Miller & Ross‚ 2015). Thus‚ Schroeder can sue on not given an opportunity to get his separate permissible counsel or read the agreement before signing it. Moreover‚ Schroeder can sue on no complete disclosure on Lucy’s debt or assets‚ and fraud since Lucy did not keep her promise to buy
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reporting by the executives of public companies who are trusted to run these organizations. These misrepresentations happen through overstating revenues‚ understating expenses‚ Overstating assets or understating liabilities‚ use of fictitious and fraudulent transactions and direct falsification of financial statements to give a misleading impression of the companies’ financial status. These misrepresentations are sometimes done with the cooperation of officials in other organizations or affiliates. The
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RE-WRITING THE COLONIAL DISCOURSE Written by: Nouha Mahjoubi Supervised by: Professor Beltaif The world’s structure today is tightly linked to the historical development and events. One of the most noticeable historical processes is colonization. The British Empire was one of the greatest imperialist powers. It is through colonization that the Western world is gaining a kind of prominence and domination in the world. The influence of colonization may not be very obvious nowadays as the concrete
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Case Study Of The Contracts Act 1950 situations‚ there are three different contracts made between Allan and the bus conductor‚ Allan and Sally and Allan and Abu. Allan was trying to trick or lie to the bus conductor‚ Sally and Abu. The issue for the case Allan and the bus conductor and Allan and Sally is whether there is a valid contract between the two parties. For the case Allan and Abu‚ the issue is whether Abu can avoid the contract or not. The bus conductor‚ Sally and Abu can get compensation
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CONTRACT LAW NOTES It is a legal enforceable agreement entered into by two or more different persons with legal capacity. The parties should have serious intention to create legally binding obligations. Their agreement needs to be within parities’ contractual capacity. Furthermore‚ parties should communicate such intention without vagueness each to the other and being of the same mind to the subject matter. Essentials of a contract a) it should be lawful b) possible of performance c) within
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INTRODUCTION The law of contract is the collection of legal rules which govern contracts. These rules‚ in turn‚ are part of the law of obligations‚ a subdivision of the law of property which is traditionally regarded as part of private law. Private law governs the persons (legal subject) in their personal or private capacity before the law in relation to other legal subjects. In other word‚ private law can be defined as balance and protect legitimate individual interests. Traditionally private
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as it described the house to be built of brick Smith v Land and House Property Corporation (1884) LR 28 Ch D 7 Facts It holds that a statement of opinion can represent that one knows certain facts‚ and therefore one may have still made a misrepresentation. Land and House Property Corp (LHP) contracted with Mr Smith to buy the freehold title of the Marine Hotel at Walton-on-the-Naze. Mr Smith had advertised that it was let to Mr Fleck‚“ a most desirable tenant. ” Land and House agreed to buy
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INTRODUCTION Law of tort dominates civil conduct in all aspects of life and numerous of violations of duties are all distinctly set. It provides remedies for certain civil wrongs that have not been arisen from the contractual duties. Under tort law‚ whether it is an intentional act or accident‚ the injured victim (plaintiff) may be capable to recover damages from the person that liable for the harmed caused (defendant). Negligence is the most significant and developed category of tort in terms
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"false"‚ or what is "honest" and what is a "lie"‚ are socially defined and cannot be defined in absolute terms. Therefore‚ the important point in this section is that it is not a sociologists’ task to be concerned with the question of what is a misrepresentation in any absolute sense and what is not. Rather‚ a sociologist must focus on the question of‚ in what ways can the process of creating certain impressions be disrupted through the
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