Classification of contractual terms as “condition‚” “warranty” or “innominate” terms seems random. The terms written in the statement above are considered to be unnecessary‚ or more precisely irrelevant. This essay will discuss how these words‚ instead‚ are important as contractual terms through explanations‚ definitions and examples. A contract is an agreement made by two different parties made through a promise granted by the law. A contract can be of two types or better‚ of two forms. The first
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Implied Terms Terms can be implied to reflect the presumed intention of the parties‚ or for reasons of public policy. The different bases for implying terms are considered below. Terms Implied to Give Effect to Presumed Intention of Parties Term implied on the basis of business efficacy Business efficacy means that the parties require that term in order that the contract will work (The Moorcock). The following rules for implying a term on the basis of business efficacy were summarised
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OF CONTENTS 1) Introduction 2) Implied Terms 3) Custom / Usage 4) Court 5) Past Dealings 6) Statute 7) Goods Act 8) Trade Practices Act 9) Conclusion 10) Recommendations 11) Bibliography INTRODUCTION Agreements are formed in almost every communication; electronic‚ written or oral; daily. Once an agreement fulfills the components required of a contract‚ therein lies the existence of terms of a contract. These terms depict an obligation between parties
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Implied terms Terms implied as a matter of law Implied term of good faith Burker king v Hungry jacks BK同意让jk在他旗下develop bk franchise store.事后BK和shell达成另一个协议悄悄派出了JK。JK告BK breach the implied term of good and faith. Between professional person and their clients For work and material Reg v Rivers locking p 270 Reg叫rivers去装门。Rivers保证那个门是防盗的。可是晚上小偷还是进去了。 相反的例子。Court will not apply the implied term in the circumstance Helicopter v Roter-work p 271 原告叫被告修飞机，并且要求组件一定要符合出产商的要求。但是出产商的要求以及设计被原告视为秘密。后来在机尾上的bolt出现了问题。法庭判定，由于出产商产品
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Terms and Conditions for Purchase Order 1) If unable to make shipment on date specified‚ notify procurement department at once. 2) No charges will be allowed for boxing‚ crating or cartage unless previously agreed. If through routing is not specified‚ ship by route providing lowest rate‚ otherwise excess will be charged to your Account. 3) The right is reserved to cancel this order if not fulfilled in accordance with our delivery schedule. 4) This order is subject to modification
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TERMS AND CONDITIONS A. ITUNES STORE‚ MAC APP STORE‚ APP STORE‚ AND IBOOKS STORE TERMS OF SALE B. ITUNES STORE TERMS AND CONDITIONS C. MAC APP STORE‚ APP STORE AND IBOOKS STORE TERMS AND CONDITIONS THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE ITUNES STORE‚ MAC APP STORE‚ APP STORE‚ AND IBOOKS STORE SERVICES ("SERVICES"). TO AGREE TO THESE TERMS‚ CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS‚ DO NOT CLICK "AGREE‚" AND DO NOT USE THE SERVICES. A. ITUNES STORE‚ MAC APP STORE
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2/8/2014 Terms‚ Conditions & Disclosures By submitting this application‚ I certify that I have read‚ met‚ and agreed to all of the terms‚ conditions‚ and disclosures outlined below /as stated below ‚ w hich contain rates‚ fee and other important cost information. Print this page IMPORTANT INFORMATION REGARDING RATES‚ FEE‚ AND OTHER COST INFORMATION INTEREST RATES AND INTEREST CHARGES Annual Percentage Rate (APR) for Purchases 0.0% introductory APR for the first 15 months. After
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INTRODUCTION: The Sales of Goods Act 1893 provides the definition of ‘condition’ and ‘warranty’. During the period between 1893 to 1962 both ‘condition’ and ‘warranty’ was generally accepted that they were the only two types of terms which assist in ‘identifying the breaches which entitled the injured party to terminate the contract. In the turning point of 1962‚ a new type of term-intermediate term brought about a whole new page into the Law of Contract. Hong Kong Fir Shipping Co. Ltd vs Kawasaki
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with the hotel you may not receive a proper refund. Terms & Conditions • Unless otherwise stated in the room description‚ your credit card number is obtained only to secure your reservation and you will not be charged until you check out of the hotel unless the hotel requires a deposit ahead of your stay‚ in which case‚ its cancellation policy will apply with respect to your deposit. Check your room description for more details. • Bed types‚ smoking preference‚ and in-room amenities are subject
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Poster and Card Competition For Primary School Theme: Save our Earth Terms and Conditions Poster competition 1. Participants must be within 7 – 12 years old. 2. Entries are limited to TWO (2) contestants. 3. Any usage of paint medium. E.g.: Color pencil‚ crayon‚ water color is allowed. 4. Superimposed computer graphic images are not allowed. 5. The competition’s theme must be on the poster. 6. Posters MUST be the students’ original work. 7. Posters can be in either English
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