Business Law David Kelly‚ Ann Holmes‚ Ruth Hayward 5th Ed CHAPTER 6 CONTENTS OF A CONTRACT This chapter will consider what the parties have actually agreed to do. What they have agreed to do form the terms of the contract. 6.1 CONTRACT TERMS AND MERE REPRESENTATIONS As the parties will normally be bound to perform any promise that they have contracted to undertake‚ it is important to decide precisely what promises are included in the contract. Some statements do not form part of
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Exclusion Clauses Essays Business Law Word Count: 1950 Exclusion Clauses Essay Exemption clauses are an agreement in a contract which helps the party to have limited or to exclude liability. It can be used unfairly which makes it a disadvantage to other partys which is why there are laws in place to limit the use of clauses and to make it fair. Mr. Torres has been using Greased Lightening for five years this time he placed a different order and at the same time the contract arrived late as well
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Sale of Goods (Pg 358) The SGA applies generally to all contracts for the sale of goods: s1(1) SGA. It does not apply to other types of transactions involving goods. Contracts of Hire-Purchase are governed by the Hire-Purchase Act. In the case of the contracts for the sale or supply of food in Singapore‚ the Sale of Food Act applies. It does not apply to contracts of sale intended to operate by way of mortgage‚ pledge‚ charge or other security. SGA s2(1): A contract of sale of goods by which
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Authority (BCA)‚ the regulatory body for amusement rides. Lawyers are attempting to seek compensation for McCarthy’s injuries‚ as they question the validity of the exclusion clause in the indemnity form by bringing up the Unfair Contract Terms Act (UCTA).
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will be differentiated from an invitation to treat. Secondly‚ the offer and acceptance of the last offer will be identified. Thirdly‚ Fitness for purpose (SOGA) will be explained. With regard to Peter v Manufacturer‚ the “Guarantee” of consumer goods (UCTA) will be explained. Lastly‚ Peter will be advised regarding this issue. 2. Peter v Salesperson Applicable Law 1: Issue This issue is whether the advertisement brochure is an invitation to treat. It is also important to note whether the
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special circumstances (use eggshell) for Chew. But closure of stall is not claimable as it is too remote. Don is likely to raise the Volenti Non Fit Injuria in the investment bond. But chew shown no full knowledge of the risks and consents. (Section 2 UCTA) and mentions he has no knowledge of stocks. Resulting in Chew being able to sue and claim damages for his medical bills and loss through investment. Issue 2: Bree can sue Coco Bank under the tort of negligence. Bree to prove: Duty of Care
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1 Task – 1 1.1 Importance of Essential Elements of Contract Contract represents the instrument to enforce promises. Not all statements amount to enforceable promises or contracts. To enforce statements there are a number of elements which courts look for and these mainly include the presence of offer‚ its communication‚ its unconditional acceptance and communication of the acceptance. Once this has taken place then the element of consideration gives the badge of enforceability to the contract and
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3. What problem was the Contract (Rights of Third Parties) Act 1999 intended to solve‚ and has it succeeded? Before we can delve into the question of the Contract Right of Third Parties Act 1999 we must first discuss the ideology of Privity in contract law. This is something that has been prevalent for many years and is a highly controversial doctrine. In this essay I shall discuss the changes bought forward by the Act‚ define the doctrine and delve into the extent of the success of the Act
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LGST101: Business Law AY 2011-2012‚ Term 1 Group 8 Project Written Analysis Tort of Negligence Prepared for: Professor Melvyn Chew Written By: Jamie Lim Jia Qi (#12) Joel Koh Yong Kiat (#14) Low Hwan Hong (#23) Oh Zhan Yuan (#24) Ong Hui Ming Maria Nicolette (#25) G12 Throughout the course of this report‚ to determine if the plaintiff is owed a duty of care in negligence‚ we will adhere by the Singapore single test of negligence laid out in the case of Spandeck Engineering
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Law of Tort What is Tort? - The French word of ‘wrong’ - That set of rules specifying certain actions and omissions as wrongs which give rise to civil liability - Almost entirely based on case law Tort of Negligence - The “neighbour principle” o “The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour” Lord Atkin‚ Donoghue v Stevenson Who is neighbour? Persons who are so closely and directly affected by action that one ought reasonably to have
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