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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existence of exclusion clause. Secondly‚ whether Winston accepts Ron’s exclusion clause at the right time and whether it can exclude Ron for liability. (a) Whether Winston is bound by the words on the receipt or the sign? As we can see in the case introduction‚ Ron has manufactured poor quality paint due to its negligence. The poor quality paint has caused damage to the client’s building. It is the poor quality paint that makes losses to Winston. Later‚ the losses are caused by Winston’s employee
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In Haugen v. Ford Motor Co.‚ the requirement of Article 2-302(2) that the court required an affording opportunity for the buyer to present evidence to aid the court in making a determination. In this case‚ Plaintiff buyer challenged the judgment of the District Court of Williams County (North Dakota) that granted summary judg-ment in favor of defendant manufacturer dismissing the buyer’s damage claim based on a liability exclusion for damage from fire. The buyer filed a complaint against the man-ufacturer
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The Difference between expressed & implied term in a Contract of employment Expressed terms of a contract of employment can be terms specifically agreed between the parties‚ which can be either verbally or in writing in a contractual document (ex: basic salary‚ working hours‚ holidays‚ type of work‚ part-time or fulltime). Expressed mean that they were specifically stated either orally‚ maybe in an interview or in writing. According to Price (2009) an implied term is one which a court will
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The Sale of Goods Act‚ 1930 Preamble 3 of 1930 (15th March‚ 1930) An Act to define and amend the law relating to the sale of goods. WHEREAS it is expedient to define and amend the law relating to the sale of goods‚ it is hereby enacted as follows: - Chapter 1 - Preliminary 1. Short title‚ extent and commencement.- (1) This Act may be called the Sale of Goods Act‚ 1930. 2) It extends to the whole of India (except the State of Jammu and Kashmir). (3) It shall come into
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offer because to understand an offer is the first step in the formation of a contract. As well‚ states others formation of the contract: an intention of the parties‚ acceptance‚ legality‚ capacity and consideration roughly. The supporting example of cases will be given. Furthermore‚ I will explain how to determine the formation of a contract (conditional acceptance will not form an agreement).Then state the status as a term. Moreover‚ in the main body‚ I will generally talk about what are the terms
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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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Before rendering legal advice to Mr Lee‚ we would first have to identify and understand the meaning of the term “exclusion clause”. An exclusion clause is extensively used in contracts to restrict or limit the rights to claim of the weaker party against the stronger party thereby dissolving or limiting his/her liabilities. There are three types of exclusion clauses normally inserted into contracts. They are: * True exclusion clause: this clause is used in contracts relating to situation of breach
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SALE OF GOODS Ref: Sale of Goods Act‚ 1930. SALE A contract to transfer the ownership (title) of the goods from one person (seller) to another (buyer) for a price as consideration is called Sale. ESSENTIALS OF A SALE 1. Two Parties 2. Transfer of title. 3. Goods. 4. Price. AGREEMENT TO SELL Where under a contract of sale the transfer of ownership in the goods is to take place at some future time subject to some condition thereafter to be fulfilled the
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