Products (Wembley) Ltd. (1934) In Maple Flock Co. Ltd. v Universal Furniture Products‚ the seller agreed to deliver goods in installment and the buyer took further delivery of goods after finding one batch of goods were not upto the standard. The buyer later refused further deliveries. It was held that the buyer was not entitled to repudiate the contract as the defective goods constituted a small portion of the total quantity delivered. 2. Remedies available to the seller and the buyer
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Effects of a Breach of Contract There are various types of contract with in the world of law such as civil law which deals with relations between individual citizens where as private law focuses on the relations between ordinary people on a day to day basis‚ both types of law include the law of contract. A contract is an agreement that is legally enforceable and therefore can be settled within a court of law‚ however how can we distinguish between a contract and any other form of non-legally enforced
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acceptance‚ outlined in various international documents like the Vienna Convention on Contracts for the International Sale of Goods‚ 1980. A distance contract is defined under Regulation 5 of the Consumer Contracts (Information‚ Cancellation and Additional Charges) Regulations 2013 (‘CCR’) as‚ “a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer‚ with the exclusive
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The rule owes its origin to the times when nearly all sales took place in open market. The buyer and seller came face to face‚ the seller exhibited his goods‚ the buyer examined them and bought them if he liked. But as trade grew and assumed global dimensions‚ it became difficult for the buyer to examine the goods beforehand. Also the modern goods are complex in structure it is seller who can assure the buyer of quality and contents of the goods. Thus there was a need to evolve the law from Caveat
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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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parties themselves can agree to end the contract‚ form a new contract or vary the original one. Performance of a contract may be subject to a condition precedent allowing for discharge upon the failure of a certain event – e.g. in a contract for the sale of land where the purchaser has been unable to obtain finance. A contract may contain a term that if some specified event occurs after the contract is formed then it may be terminated at the option of either or one of the parties. This is a condition
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COMMERCIAL LAW (REVISED - 2005) THE STATE PRESIDENT ORDER No. 10/2005/L-CTN OF JUNE 27‚ 2005‚ ON PROMULGATION OF LAW THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM Pursuant to Article 103 and Article 106 of the 1992 Constitution of the Socialist Republic of Vietnam‚ which was amended and supplemented under Resolution No. 51/2001/QH10 of 25 December‚ 2001‚ of the Xth National Assembly‚ the 10th session; Pursuant to Article 91 of the Law on Organization of the National Assembly; Pursuant to Article
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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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main anaysis CONDITIONS UNDER TRADE PRACTICES ACT 1974 AND FAIR TRADING ACT 1999……………………………………………..………………. 3 STATUTORY IMPLIED TERMS‚ WHEN THEY APPLY AND CONSEQUENCES OF BREACHING THE IMPLIED TERMS……...…… 5 IMPLIED UNDERTAKINGS AS TO TITLE ……………………………. 5 Rights to sell the goods ……………………………………..…………… 6 Quiet Possession of the goods …………………………………………. 7 Freedom from encumbrances …….…………………………………….. 8 SALES BY DESCRIPTION ……………………………………………… 9 MERCHANTABLE
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case as regards Richard and Ernie is related to the Doctrine of Promissory Estoppel‚ which is derived from Equity. According to this doctrine‚ if one party to the contract (promisor) makes a promise which the other party to the contract (promisee) acts upon‚ the promisor is estopped from going back on his promise‚ even though the promise did not provide any consideration. Theoretically‚ by this concept‚ Ernie should be estopped from asking Richard for the remaining balance of ₤140. The main reason
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