4100 CONTRACTUAL CHOICE Scott E. Masten Louis and Myrtle Research Professor of Business and Law‚ University of Michigan Business School © Copyright 1999 Scott E. Masten Abstract This chapter discusses alternative theories of contract choice and design with special emphasis on (i) the interaction between contract design and contract enforcement and (ii) the explanatory power of alternative theories. After discussing the primary functions of contract‚ the entry reviews the assumptions
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Contractual terms in a standard form contract and the impact of statutes on these terms P4: Describe the meaning of terms. P5:Explain the effect of terms. Task Using the Vodafone contract prepare a briefing sheet describing how statutes affect contractual terms. You should include the following: A description of express terms A description of implied terms Identify and describe the statutes and regulations affecting contractual terms (Remember to illustrate your answer with examples
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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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Terms and Conditions of Employment Under the Employment Rights Act 1996‚ all employees regardless of the hours they work should receive a written statement from their employer within two months of starting work. This statement known as the terms and conditions of employment contains key particulars of the job and the rights and duties of the employee and employer in terms of the following (* must be included in one principle document): Job Description & Specification These are general and
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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 two types of contractual term: express terms and implied terms. Express terms of the contract Express terms are those obligations and liabilities which the parties themselves
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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 involved
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therefore contract terms. The team also weighed the cost of new machines against capital for inventory and interest rates‚ evaluating the return on investment and the impact a new machine had on lead times. Using this consideration set‚ team Honeybadgers purchased one tuning machine‚ one stuffing machine‚ and changed the contract terms on ten occasions. Ultimately‚ the team placed 5th. ------------------------------------------------- Actions & Analysis Changing Contract Terms: A 7 day lead
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Explain the effect terms in a contract. Implied terms are not stated in a contract but are introduced in a contract by a statute. 1. The 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
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Terms in a standard form contract Implied terms These are terms that are implied by acts of legislation. The acts to consider are: • Sales of goods act (1979) • Sales of goods and services act (1989) Express terms These terms are written down and agreed upon at the time of the contracts. They will fall into one of three categories: • Conditions (major terms) • Warranties (minor terms) • Innominate terms (not defined until broken) Impact of terms These specific terms are terms that can
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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 recognize
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