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  • Reasonable Belief In The False Statement
    721 words
    It is a question concern the law of contracts in particular, the law of misrepresentation. It is my objective to identify the difficult concept of different kind of misrepresentation and analyze why it is problematic. Misrepresentation is a false statement designed to encourage the other party to enter a contract. To prove a statement to be a misrepresentation, 7 essential conditions must be satisfied: 1. A statement must be made by word or conduct. 2. The statement must be factual. 3. The state...
  • Early Cases Of Implied Terms
    1,752 words
    TABLE OF 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 in the form of Express terms o...
  • Reference To A Contract Term
    914 words
    C. THE UNFAIR CONTRACT TERMS ACT 1977 The basic purpose of UCT A 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 good...
  • Implied Terms
    1,014 words
    The first step to answering this question is to define what is meant by "express" and "implied" terms in the context of a contract. A contract contains a number of terms which, in effect, are the obligations of the contract. Express terms are statements actually made by one of the parties, either in writing or orally. They do not always make up the whole contract and there may be other terms which can be implied into it. The basic principle of implied terms is that a term will be implied where i...
  • Eu Electronic Money Directive
    605 words
    The operation of law automatically includes some terms into contracts, for example a term that goods will be of satisfactory quality is implied by the Sale of Goods Act 1979. Further, even if properly incorporated into a contract, certain terms (such as unreasonable limitations of liability) are not enforceable against consumers or others who signed up to standard terms (Unfair Contract Terms Act 1977). To enhance transparency and the confidence of those buying online the EU Electronic Commerce ...
  • Term Ment Termination Of The Contract
    1,619 words
    LAW OF CARRIAGE OF GOODS BY SEA ASSIGNMENT ONE... the shipowners undertaking to tender a seaworthy ship, has as a result of numerous decisions as to what can amount to unseaworthiness, become one of the most complex of contractual undertakings. It embraces obligations with respect to every part of the hull and machinery, stores and equipment and the crew itself. It can be broken by the presence of trivial defects easily and rapidly remedial, as well as by defects which must inevitably result in ...
  • Case Of Wajid Since Acceptance
    1,552 words
    Business and Company Law Coursework Assignment Problem Agreements have four essential formalities that must be fulfilled in order to create a binding contract, these being offer, acceptance, consideration (it would appear that all the deals have consideration as bargaining has taken place in each of them) and intention. In the case of Wajid and his mobile phone, each of these factors must be investigated in order to come to an accurate conclusion of whether or not he does have a binding contract...

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