Report on The Law Relating to Sale of goods Group Name: CrypTic Batch: 9th Section: A Session: 2014-2015 Department of Management Studies Faculty of Business Studies Jagannath University October‚ 2014 COURSE NAME: COMMERCIAL LAW COURSE CODE: 1210 BBA 1st year 2nd Semester GROUP NAME: CrypTic SERIAL NO. MEMBERS NAME ROLL MOBILE No. & Email Address
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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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SALE OF GOODS Nature and Sources of Sale of Goods Law It is principally to be found in the Sale of Goods Act Cap 31 and certain propositions of the English Common Law. The Kenyan Sale of Goods Act is a replica of the English Sale of Goods Act of 1893 as passed in 1963. In addition to the Sale of Goods Act‚ the general rules of contract law apply to contracts for sale of goods. Contract of the Sale of Goods S.3 (1) of the Sale of Goods Act defines a contract for the sale of goods as ‘a contract
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Sale of Goods (Pg 358) The SGA applies generally to all contracts for the sale of goods: s1(1) SGA. It does not apply to other types of transactions involving goods. Contracts of Hire-Purchase are governed by the Hire-Purchase Act. In the case of the contracts for the sale or supply of food in Singapore‚ the Sale of Food Act applies. It does not apply to contracts of sale intended to operate by way of mortgage‚ pledge‚ charge or other security. SGA s2(1): A contract of sale of goods by which
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Case Study 1 Question 1 Under the Sale of Goods Act 1979‚ A contract of Sale is a contract where a seller transfers or agrees to transfer goods or a service to a buyer for money‚ in the course of a business. The transfer must be for money‚ barter or exchange are not covered. The Act covers sales and agreements to sell. Question
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1.1 1. Explain the difference between a legal and non-legal rule A legal rule is a rule created by the government of Australia and applies to the entire population‚ while a non-legal rule is created by an individual or organisation and only applies to a specific group. 2. Rules are applied in each of the circumstances listed below. Sort them into legal and non-legal Legal rules Non-legal rules Having to wait until you are 18 years old before you can vote at a federal election Wearing school uniform
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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 QUALITY ……………………………………………. 10
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------------------------------------------------- Sale of Goods Act (Alberta) Alberta’s act is similar to most acts in other provinces. The Sale of Goods Act (SGA) supplements the common law rules for contracts. The SGA essentially codifies the common law exceptions to the common law rule of caveat emptor (buyer beware). Purpose: to provide missing terms in contracts for sale of goods when the parties neglected to supply sufficient details themselves parties can include different terms in their own contract
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