STAY OF PROCEEDINGS PENDING ARBITRATION: DOES IT APPLY TO INSOLVENCY PROCEEDINGS? By Bwire B. Kuboja There are two main sources of law in Tanzania Mainland regulating stay of proceedings pending arbitration namely section 6 of the Arbitration Act and section 64 of the Civil Procedure Code Act read together with the Second Schedule to the Civil Procedure Code Act. Under section 6 of the Arbitration Act‚ a party to a submission against whom a proceeding connected to any matter agreed to be
Premium Contract Contract law Contractual term
that requires "precision and clarity" ‚ the reservation in question fell short of the rule that "reservations must not be of a general character". The Court also explains that an invalid reservation "is meant in particular a reservation couched in terms that are too vague or broad for it to be possible to determine their exact meaning and scope." logical that the same approach should be taken in regards to reservations after the VCLT- it is within the object and purpose of making reservations being
Premium Law Contract Contract law
Exams Review Test Submission: Exam 2 SKIP TO COURSE MENUSKIP TO TOP FRAME TABS Content User Justin Osborne Course ACC 440 Legal Aspects of Accounting‚ Spring 14‚ 23707 Test Exam 2 Started 2/25/14 9:31 PM Submitted 2/25/14 10:30 PM Status Completed Attempt Score 64 out of 100 points Time Elapsed 58 minutes out of 1 hour. Instructions No Printing! <script lang=”Javascript” src=”h ttp://www.eku.edu/onlinelearning/np.js”></script> Question 1 4 out of 4 points Maria holds an instrument that states
Premium Implied warranty Contract Contractual term
Abstract Mutual Mistake of fact is when both parties of a contract make an assumption of fact when contract is formed and signed. The mistake must significantly change what you have to do under the contract‚ almost to the point where it’s an entirely different agreement. Although‚ if you knew there was a strong chance or probability of mistake at the time the contract was signed‚ you may have assumed the risk of that mistake. You therefore cannot use the mutual mistake defense. Not all cases
Premium Contract Automobile Sales
sell his car. The offer letter that Adrian sent is in written format‚ so this shows that the offer that Adrian made is in expressly format. The communication of offer is complete when the offer letter is received by Melissa on 3rd November 2015. In terms of acceptance‚
Premium Contract Contract law Offer and acceptance
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
Premium Contract Sale of Goods Act 1979 Contract of sale
Price Reasonableness in Simplified Acquisitions" Please respond to the following: From the e-Activity‚ enumerate the requirements for full and open competition and discuss the importance of the policies and processes to guarantee conducting business with integrity‚ fairness‚ and openness. FAR 6.101(a) states that the contracting officers shall promote and provide for full and open competition in soliciting offers and awarding Government contracts. FAR Part 6.101(b) requires contracting officers
Premium Contract Contractual term Agency
responsibility terms It is possible to have a term in the contract which excludes one of the parties from responsibility for something that may go wrong in the performance of the contract or limits that responsibility. It is called an exclusion clause or an exemption clause. For example‚ an exclusion from liability for damage done to the lawn by a builder’s backhoe might be included in a contract between the builder and a home owner who is having an extension built to their home. Express Terms of the Contract
Premium Contract Law Parol evidence rule
C. THE UNFAIR CONTRACT TERMS ACT 1977 The basic purpose of UCTA 1977 is to restrict the extent to which liability in a contract can be excluded for breach of contract and negligence‚ largely by reference to a reasonableness requirement‚ but in some cases by a specific prohibition. S.6(2) states that as against a person dealing as consumer‚ liability for breach of the obligations arising from ss.13‚ 14 or 15 of the Sale of Goods Act 1979 (seller’s implied undertakings as to conformity of goods with
Premium Management Contract Sale of Goods Act 1979
of those goods as of the date of conversion. Since the proper owner retains legal title‚ this is true even in a chain of successive bona fide purchasers (ie‚ the true owner can successfully sue the fifth bona fide purchaser in trover). In laymans terms‚ it means that if you buy something that was potentially stolen‚ like a car‚ the legal owner of that car can take it back and sue you for possessing it and in addition to that you will not get the money you paid for the car back‚ unless you sue the
Premium Contract Contract law Law