so obvious that it goes without saying; • Term must be capable of clear expression; and • Term must not contradict any express term of the contract. Terms implied from previous consistent course of dealings In the circumstances of the case‚ is it reasonable to hold that the parties entered into the contract on the basis‚ and with the knowledge‚ that their agreement would be on the terms set out in previous contracts entered into (Henry Kendall & Sons v William Lillico & Sons). The
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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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To begin with‚ the 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
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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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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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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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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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Commercial Agreements‟ (2006) Australian Construction Law Newsletter 1 < http://www.austlii.edu.au/au/journals/AUConstrLawNlr/2006/51.pdf> Seddon‚ N C and M P Ellinghaus‚ „Cheshire and Fifoot’s Law of Contract‟ (LexisNexis Butterworths‚ 8 ed‚ 2002) th th B Cases Adler v Dickson [1955] 1 QB 158 Balmain New Ferry Co Ltd v Robertson (1906) 4 CLR 379 Bright v Sampson and Duncan Enterprises Pty Ltd (1985) 1 NSWLR 346 Canada Steamship Lines Ltd v R [1952] AC 192 Causer v Brown [1952] VLR 1 Chapelton v Barry Urban
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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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