1.A contract to be legally valid‚should meet 3 essential elements‚which would be examined by a court as evidence of any contract.These main pre-requisites are ‚ ● The agreement must have an offer and an acceptence: a contract is a bilateral agreement between two or more parties. So when the offeree accepts the offer for a consideration made by the offeror‚ it becomes a contract. eg:-Carlill v Carbolic Smoke Ball Company [1893] Eg:James promises
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1. A contract of agency can be expressed or implied from certain circumstances and conduct of the parties. State the ways in which an agency may arise and explain all of them. Agency can created in many ways: (a)By express appointment by the principal (actual express authority) (b)By implied appointment by the principal (actual implied authority) (c)By the agent occupying a position which would normally carry with it authority to do an act of the kind in question (usual authority) (d)By the
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Judith Wright once said in an interview‚ "I write poetry because it’s one way to understand life". Being able to understand life and how it works seems to be Wright’s intention in the poem Sports Field‚ a poem that she was inspired to write after going to a school sports day. The entire poem is a metaphor for a deeper understanding of children‚ in the ball games and races they participate in‚ representing their individual life-courses. In "Sports Field"‚ Wright emphasizes the values of innocence
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liability‚ and breach of implied warranty under the Uniform Commercial Code (UCC). Jury trial returned a mixed verdict stating the Bronco was not defective therefore no tort liability was found. Jury did return a verdict that Ford had violated the implied warranty of merchantability resulting in a breach of contract. Final judgment rendered by Court of Appeals of New York in determining if tort action for strict product liability and contract action for implied warranty are the same in this case
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Sale of Goods Act‚ 1930: It is an Act to define and amend the law relating to the sale of goods. It tells about the meaning of sale and goods‚ warranties and conditions‚ property transfer and includes the rights of unpaid seller. The contracts for the sales of goods are subject to legal principles similar to the all other contracts .This law is included in chapter VII of the Indian Contract Law‚ 1872[sections 2(5) and 3]. It first came into force from 1st July 1930. It has been re-enacted again
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Effects of a Breach of Contract There are various types of contract with in the world of law such as civil law which deals with relations between individual citizens where as private law focuses on the relations between ordinary people on a day to day basis‚ both types of law include the law of contract. A contract is an agreement that is legally enforceable and therefore can be settled within a court of law‚ however how can we distinguish between a contract and any other form of non-legally enforced
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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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for breach of warranty to repair or replacement of the defective part. One month after purchasing the auto‚ Smith was seriously injured when the car veered off the road and into a ditch as a result of a defect in the steering mechanism of the car. If Smith sues the dealer for breach of warranty and the dealer defends by relying on the contract disclaimer‚ what would be the result and why? Please prepare a written reply
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everyday items such as cars and clothes and with so many transactions occurring it is important we have laws to protect us. Everything we buy has its own contract containing either or both of implied or expressed term. The Implied terms may be in form of certain conditions or warranties and without implied terms both parties could not enter into the agreement. Companies like Consumer Affairs Victoria helps consumer if they are not satisfied with the terms of their contract. Consumer’s rights are
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1930 PRESENTED BY:Lhamo Kamal Sahu Madhuri Patel Saurabh Lalwani Nikhil Cheriyan Contents INTRODUCTION ESSENTIALS OF CONTRACT OF SALE DISTINGUISH BETWEEN SALE AND AGREEMENT TO SELL DOCUMENTS OF TITLE TO GOODS CONDITIONS AND WARRANTIES DOCTRINE OF CAVEAT EMPTOR RIGHTS OF UNPAID SELLER DELIVERY – RULES REGARDING DELIVERY SALE BY AUCTION Introduction Originally‚ the law relating to sale of goods was contained in Chapter VII of the Indian Contract Act‚ 1872. The
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