of business has had to follow suit. All commercial transactions across borders exist within the framework of national legal systems. Contract law: An agreement made between two or more parties who promise to perform or to not perform specified acts‚ which agreement creates for each party a legal duty and the right to seek a remedy for breach of that duty. It falls under the category of civil law (concerning relations between individuals or companies)‚ although the state courts may intervene to
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Describe the different obligations imposed by the implied and the express repair covenant in a lease. (list the various terminologies used and explain their meaning) A repair is ‘making good the damage so as to leave the subject as far as possible as though it had not been damaged’ defined in Clathorpe v McOscar 1924 Ultimately‚ the landlord wants to pass on the repairing responsibility to the tenant. Tenants will usually accept the responsibility as long as it is not too onerous. The phrase caveat
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would pay". Maria’s instrument is negotiable. Answer Selected Answer: False Correct Answer: False Question 2 0 out of 4 points Kate holds an instrument as a holder in due course (HDC). The UCC requires that a HDC take an instrument in good faith. This means that Answer Selected Answer: d. Kate must be assured in wirting that the instrument has no defects. Correct Answer: c. Kate must have acted honestly and observed all reasonable commercial standards of fair dealing. Question
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Chapter 7 the terms of the contract 1. When contract is made orally‚ not all oral statement will amount to a term some are just ‘mere puffs’. These statements will never provide any form of remedy. 2. Mere puff只是单纯的吹嘘，是一种statement of opinion‚ 不构成任何的representation或term 3. 三种不同的terms：conditions‚ warranties‚ and innominate terms * CONDITIONS: important terms form the main structure of the contract. If breach‚ repudiate the contract and claim the damage * WARRANTIES: minor terms ancillary(辅助)
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American Economic Association The Theory of the Firm as Governance Structure: From Choice to Contract Author(s): Oliver E. Williamson Source: The Journal of Economic Perspectives‚ Vol. 16‚ No. 3 (Summer‚ 2002)‚ pp. 171-195 Published by: American Economic Association Stable URL: http://www.jstor.org/stable/3216956 Accessed: 21-04-2015 06:39 UTC Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use‚ available at http://www.jstor.org/page/info/about/policies/terms
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hContents 1. Introduction 2. Relevant Facts and Relevant Issues 3. Ratio/Rationes 4. Evaluate Court’s decision 5. Reach a conclusion Introduction The area of law to be discussed would be implied ’terms of a contract which are not agreed by the parties.’ They are terms which are related to ’contingencies which might affect the contract of employment in this case.’ This is what ’parties intended
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Part A For a contract‚ it is necessary to decide what the parties have agreed‚ otherwise it is not possible to know whether the parties have done what they contracted to do. However‚ not all the statements made during negotiations are contractual terms. Therefore‚ here to discuss terms of the contract. Terms of the contract According to James (2010)‚ the terms of the contract are the specific details of the agreement‚ including each party’s rights and obligations. Broadly speaking‚ there are
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from 1st February until 14th February only and we have to purchase 100 or more to have the $25 off or else there are no cash value‚ no cash back‚ and no rain checks‚ coupon not valid on prior purchases‚ gift cards‚ licenses or event tickets. Offer good on in-stock merchandise and must present coupon at time of purchase to redeem. It cannot be combined with any other offer‚ coupon or employee or friends and family discount. In addition‚ one coupon per customer‚ per purchase but excluding the UGG footwear
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transactions electronically‚ usually using technology like Electronic Data Interchange to send commercial documents like purchase orders or invoices electronically. Later it came to include activities more precisely termed "Web commerce" -- the purchase of goods and services over the World Wide Web via secure servers (note HTTPS‚ a special server protocol which encrypts confidential ordering data for customer protection) with e-shopping carts and with electronic pay services‚ like credit card payment authorizations
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Assignment Total Words : 1051 Name : Zi Lin ( Emilie ) Student Number : 706479 Teacher’s Name : Jonathan Bowlby Group : 4 Case1 Issue Does XZA Bank Pty Ltd have legal right to sell Ji’s house based on the loan contract he signed? Rules The case of Commercial Bank of Australia v Amadio[1] and Blomley v Ryan[2] demonstrate the bank’s conduct were unconscionable. The court look at 3 main elements to determining whether to activate the doctrine of unconscionability
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