Book IV‚ Title VI‚ Articles 1458-1637 (Sales) TITLE VI SALES CHAPTER 1 Nature and Form of the Contract Article 1458. By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to deliver a determinate thing‚ and the other to pay therefor a price certain in money or its equivalent. A contract of sale may be absolute or conditional. (1445a) Article 1459. The thing must be licit and the vendor must have a right to transfer the ownership thereof at
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handset will correspond with description supplied at the time of sale. This is an implied term by the sales of good act as it has to correspond with the description on the box. Also statute would protect the customer and it should be what is said on the box. The sales of good act states where there is a sale of good by description there is an implied condition that the goods will correspond with the description. If the sales of good act did not exist then it would be unfair as for e.g. If a customer
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expressly agreed between the parties that Ah Chong must pack the sugar in boxes containing 20 packets each. However‚ when Ah Chong delivered the goods to Malik’s restaurant‚ it was found that the sugar was packed in boxes containing 30 packets each. The basmati rice that was supplied was found to be from India not Pakistan. Malik wishes to reject the goods. Advise Malik. Problematic Issue Whether Malik can take legal action against Ah Chong for breach of implied condition by description. Principles
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Hill [1947] KB 554 Curtis v Chemical Cleaning and Dyeing Co [1951] 1 KB 805 Darlington Futures v Delco Australia (1986) 161 CLR 500 eBay International AG v Creative Festival Entertainment Pty Ltd [2006] FCA 1768 Eggleston v Marley Engineers Pty Ltd (1979) 21 SASR 51 Ellul & Ellul v Oakes (1972) 3 SASR 377 Henry Kendall & Sons v William Lillico & Sons Ltd [1969] 2 AC 3 Hollier v Rambler Motors (AMC) Ltd [1972] 2 QB 71 L’Estrange v F Graucob Ltd [1934] 2 KB 394 Le Mans Grand Prix Circuits Pty Ltd v Iliadis
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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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TABLE 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
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general principle of good faith in contract law‚ as illustrated in Walford v Miles1. Yet‚ good faith should be promoted in UK and HK because one should value fairness in the whole course of dealing‚ from the point of pre-contractual negotiations till the discharge of he contracts. This essay aims at showing the merits of a good faith doctrine and possible implications on the UK and HK legal system so as to ensure fairness throughout the contractual relations A general principle of good faith A general
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1. Infrastructure‚ building and construction contracts often contain so called “termination for convenience” provisions‚ operating independently of breach‚ default or frustration. Termination of a contract has been considered as the legal consequence of certain kinds of breach‚ repudiation or frustration. Frustration is automatic. Breach and repudiation arise where default has occurred. 2. Provisions for termination at the convenience of‚ or at the will of the contracting parties‚ or any one
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ABSTRACT This paper aims to explore the concept and modus operandi in Bai’ al-Salam‚ one of the types of transactions that allowed Syara’ based on human welfare‚ which allows the sale of something which does not exist at the time of sale. For this purpose‚ pillars and conditions Bai’ al-Salam will be discussed. Next‚ the paper will discuss Islamic financing through the concept of Bai’ al-Salam which are includes the financing of Bai’ al-Salam in mixed (hybrid)‚ products Bai’ al-Salam as working capital
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are considered finished goods ready to be shipped. They will not physically set aside the 1‚000 feet of cable that CableCo ordered‚ but will denote the quantity as sold in their system so that it cannot be used to fill another order. They have determined that CableCo has assumed risk of ownership‚
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