SALE OF GOODS ACT 1908‚ ‘ROMALPA’ CLAUSES‚ PASSING OF PROPERTY CONSUMER GUARANTEES ACT 1993 1. (a) Why is it important in a Sale of Goods (SOG) contract to be precise about the time at which property passes? (Clue: what passes with property?) * When the property pass‚ the risk of the property pass to buyer too. Under the S 22 of SOG Act‚ Unless otherwise agreed‚ the goods remain at the seller’s risk until the property therein is transferred to the buyer; but when the property therein
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this case‚ when Sam book a holiday trip with “The Easy as ABC to travel Co Ltd”‚ he is entering into an agreement. The information that is provided in the advertising in all local newspapers must not be false or misleading. If Sam enter into the contract on the basis of what was in the advertising given by the company‚ he can claim damages if the information turn out to be incorrect. He can file a complaint against the company because he is not satisfied with the overseas trip and he may be entitled
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of the remedies provided for under the Contracts Act‚ 1950. (10 marks) QUESTION 3 Explain the ways in which an agency relationship may be terminated. (25 marks) QUESTION 4 a) Karim ordered 100 packets of Gummybears from Julie. He instructed Julie to pack 20 packets in 5 boxes. Julie‚ who was trying to save costs packed 25 packets in 4 boxes. Karim refused to accept the goods. Advise Karim. (20 marks) b) Explain the meaning of "goods" according to the Sale of Goods Act 1957 and discuss the various
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Sales contracts are formed in a very similar manner and with similar context as common law contracts. There are some differences however‚ and the Uniform Commercial Code (UCC) Article 2 covers these in great detail. The UCC was established in 1952‚ to “facilitate commerce among the states‚ by providing a uniform‚ but flexible set of rules governing commercial transactions” (Miller‚ 2014). One of the differences is in the contract’s offer‚ and when the contract becomes binding. Generally‚ a contract
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CONTRACTS CONTRACT a meeting of minds between 2 persons whereby one binds himself‚ with respect to the other‚ to give something or to render some service (ARTICLE 1305) GENERAL PROVISIONS (Arts. 1305-1317) Distinguish an ordinary Contract: a.) from a Contract of marriage b.) from an obligation c.) from an imperfect promise d.) from a pact e.) from a stipulation a.) from a Contract of marriage ORDINARY CONTRACT 1. The parties may be 2 or more persons of same or different genders
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A contract -is a legal agreement that occurs between two or more parties. It can be a written or spoken agreement that can concern employment‚ sales‚ or tenancy. Parties or members involved‚ enter voluntarily into this agreement. Every contracts involve two persons they are the: Offeror and Offeree. The offeror is the one who offers to enter into a contract and the Offeree is the one to whom the contract is being offered Elements of a contract: Agreement‚ Lawful object‚ consideration and contractual
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contain no demonstration of present intent to form contractual relations. No contract is formed when prospective purchasers respond to such terms‚ as they are merely invitations or requests for an offer. Unless this interpretation is employed‚ any person in a position similar to a seller who advertises goods in any medium would be liable for numerous contracts when there is usually a limited quantity of merchandise for sale. An advertisement‚ price quotation‚ or catalogue is customarily viewed as
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contract law agreement: objective test of intention to agree offer must be matched by other’s acceptance requirement of certainty of agreement parties have intention to create legal relations enforce promise: consideration promise is contained in a deed promissory estoppel (claimant has relied on defendant’s promise) reliance theory: consistent with the harm principle (prevent harm on others) restitution interest
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CONTRACTS Stages in the life of a contract: 1. Preparation/Generation 2. Perfection/Birth 3. Consummation/Death Characteristics of Contracts: (ROMA) 1. Relativity (Art. 1311) 2. Obligatoriness & Consensuality (Art. 1315) 3. Mutuality (Art. 1308) 4. Autonomy (Art. 1306) Stipulation pour Autrui - stipulation in favor of a 3rd party. Requisites: 1. The stipulation must be part‚ not whole of the contract; 2. the contracting parties must have clearly and deliberately conferred
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CONTRACT LAW- EXAM NOTES What is a contract? An oral or written agreement between two or more parties which is enforceable by law. This agreement ‘will be legally binding if certain criteria are met – briefly‚ they require that there be an agreement (comprising an offer and acceptance)‚ consideration‚ intention to create legal relations‚ compliance with any formalities required by law and that the parties have the legal capacity to contract’1 What is the purpose of contract law
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