Law Seen exam question Under the Sale of Goods Act (1979)‚ there are strict rules that a seller/ retailer must abide by once they have entered into a contract. The goods must be as described (section 13)‚ of satisfactory quality (section 14 [2]) and fit for purpose (section 14 [3]). Both section 13 and 14 have strict liability attached to them. The court will not investigate into the mind of the seller at the time or observe how much they tried but all they will look for is if there is a breach
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Contract Creation and Management Simulation LAW/531 Span Systems entered into a six billion dollar bilateral contract with Citizen-Schwarz AG (C-S) to develop and implement their new banking software. (University of Phoenix‚ 2002) This paper will discuss an analysis of the issues presented in the Contract Creation and Management Stimulus. C-S personnel started to protect C-S personnel because of the quality of their work. It is possible
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Contract With America In the historic 1994 midterm elections‚ Republicans won a majority in Congress for the first time in forty years‚ partly on the appeal of a platform called the Contract with America. Put forward by House Republicans‚ this sweeping ten-point plan promised to reshape government. Its main theme was the decentralization of federal authority‚ deregulation‚ tax cuts‚ reform of social programs‚ increased power for states‚ a balanced federal budget were its chief ambitions. With
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Employee Resourcing – The Psychological Contract How can we define the psychological contract? Is it the set of mutual obligations/expectations and more often than not aspirations between employer and employee that extend beyond the formal‚ written contract of employment? This is the general consensus with modern scholars and workers alike‚ but just how far is this assertion true? The problem is trying to evaluate what the psychological contract actually is and what it stands for in our
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1. Article 2 of the UCC mandates that the parties to a sales contract state in specific and unambiguous language the exact terms of the contract. Otherwise‚ courts will declare the contract unenforceable. True False 2. Law of sale of goods codified in the Art.2 of the UCC is modified to accommodate current practices of the merchants. True False 3. In mixed goods-services situations‚ courts determine whether the contract is for the sale of goods by determining whether the good or
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of a Contract “A contract is an agreement that can be enforced in court. It is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future.” (pg 208) Recently I was faced with a situation regarding a contract that was not in writing and I had to explain that as long as a verbal contract contains the four essential elements of a contract it is binding. We are so accustomed to seeing contracts in writing that many people assume that a contract must
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Contracts II Outline Fall 2005 Professor Jean Powers Cited to Crandall & Whaley’s Contracts‚ 4th Edition I) Damages (227) A) Introduction (227) 1) General Rule – Contract damages should put the π in as good of a position as if the contract was fulfilled. 2) No action on a contract need be present for damages to be proper. An executory contract will suffice. B) Measuring Expectation Damages (229) 1) Expectation = Expected Value + Costs – Expenses Mitigated 2) Repair Theory – Damages should
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Contract Performance Joseph Dorow Strayer University BUS 501 Government Acquisition Instructor: Dr. Vic Villarreal December 2012 Contract Performance Summarize the report‚ with particular attention to the issue of contract performance. I chose the report with a Lancer Clothing Corporation protest alleging “Workroom for designers does not have a commitment for the lining material supplier who is reputable‚ and that it lacks sufficient production capacity. Lancer also alleges that the principal
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Defective Contracts Contract Classification Basis of Defect Status of the Contract Legal Effects Prescriptive Period Ratifiability A.Rescissible There is damage or injury either to one of the contracting parties or to a third person. Valid Considered valid and enforceable until they are rescinded by a competent court. The action for prescription may prescribe. NO 1. Contracts entered into in behalf of wards 2. Contracts agreed upon in representation of absentees 3. Contracts undertaken
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sought to be resolved in the present case involving the application for admission to the Philippine Bar of Vicente D. Ching. The facts of this case are as follows: Vicente D. Ching‚ the legitimate son of the spouses Tat Ching‚ a Chinese citizen‚ and Prescila A. Dulay‚ a Filipino‚ was born in Francia West‚ Tubao‚ La Union on 11 April 1964. Since his birth‚ Ching has resided in the Philippines. On 17 July 1998‚ Ching‚ after having completed a Bachelor of Laws course at the St. Louis University in
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