Contractual term Essays

  • Pros And Cons Of Contract Law

    1070 Words  | 5 Pages

    Whether the party knew of or should have known of the degree/existence of the conditions. Whether the other party acquires an incentive to comply with the term. The party’s ability to deal depending to each other & the availability of a substitute. Where the term does not include or confines liability of any importance if the terms are not followed, whether it be justifiable at the time of the contract to assume that conformity with that condition would be plausible. Whether the goods were

  • Difference Between Contract Law And Tort Law

    1353 Words  | 6 Pages

    is guidelines that represent contractual agreement between persons or dealers. An agreement is essentially an understanding between parties outlining their responsibility to each other. Contracts can be formed for any sort of collaboration. In this way, contract laws may address different transaction for the sale of good and services. Contract laws outline what a person can or cannot include in an agreement, and what the remedies are if a party breaks their contractual duties. In contrast, tort law

  • Pharmaceutical Society's Case Study

    746 Words  | 3 Pages

    Then whether placing the advertisement in consequently will bear the contractual liability that the terms of he contractual liability in term of the contract with legally binding agreement as form of a legally enforceable agreement and as a form of enforceable then either party not undertakes the contract, the other party may request the court to enforce of defaulting party to abide by the contract or pay compensation to the innocent party whichever is more appropriately. The characteristic of the

  • Importance Of Good Faith In Business Law

    1428 Words  | 6 Pages

    international, regional and national laws. Except some limitations, which can be attributed to incapacity, status, morality, individuals are given ultimate right to conclude any types of contracts. The doctrine of good faith operates independently outside the terms of the contract, this leads many critics to argue that such obligation is unfair restriction on parties’ autonomy and freedom of contract. The other critics

  • The Pros And Cons Of Contract Law

    1166 Words  | 5 Pages

    many numbers of statutes that are consisted of rules and regulations of particular problems of the contract law. The examples of the rules that are occupied with the contractual problems, are the Uniform Comercial Code (sale of goods) and the Tucker Act (one of the most imortant statutes on the federal level in the field of the contractual law). Every single rule made by the case law or by the statutory law is mandatory (which means that it must be follwed by the court), but other laws that are not

  • Examples Of Misrepresentation In Business Law

    1280 Words  | 6 Pages

    misrepresentation has been established, the law had given consideration to the remedies for misrepresentation. Thus, there are two concept remedies namely rescission and damages. For rescission, it was further divided in to two category which is contractual remedy whereby it enables the representee to escape from the contract and set it aside both retrospectively and prospectively. The aim of it is to restore as possible the position of parties before entered into contract. Second type is restitutionary

  • Limitation Of Liability

    787 Words  | 4 Pages

    Many jurisdictions have statutes that limit the enforceability of contractual indemnity provisions. A number of judicial principles and public policy considerations exist when determining whether a limitation of liability or limitation of remedy will be enforceable pursuant to its terms. These limitations on enforcement of contract provisions are uniquely specific to each factual situation and to each jurisdiction. Many jurisdictions will construe an exclusion or limitation of liability clause against

  • Contract In Contract Law

    1365 Words  | 6 Pages

    contract. Now and again, a voidable contract can get to be enforceable if the gathering having the privilege to keep away from consistence does not do as such. There are a few sorts of contracts. Some tie parties completely, while others don't. The terms of the contract figure out if a contract can be completely executed. Valid and Void Contracts A valid contract is a composed or communicated agreement between two gatherings to give an item or administration. There are basically six components of a

  • Explain Essential Elements Of A Valid Contract

    2971 Words  | 12 Pages

    is a must in the business context. 3. Lawful Consideration: A lawful considerations mean the set of certain promises which should be considered to make a contract valid. To enter into a valid contract, one must fulfill the legal considerations and terms required through which its adequacy will not be questionable by the court. 4. Free Consent: Free consent means that the acceptance should be without any force or the party has a free will of accepting the offer. One shall not force someone to accept

  • Consideration In Nestle's Business Case: Currie V. Mist.

    1260 Words  | 6 Pages

    Consideration is one of the four essential elements in forming a legally binding contract. Currie v Misa (1875) LR 10 Ex 153 has defined valuable consideration as “some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other”. The rule that ‘consideration need not be adequate’ means that once something of value can be shown, the court makes no inquiry into whether the thing offered is a genuine

  • Contractual Issue In Family Law

    908 Words  | 4 Pages

    (ACU). MELBOURNE “I certify that this is a true and correct copy of the original, which I have sighted.” RAHUL INTRODUCTION TO CONTRACTUAL CLAIM A contractual claim is an entitlement under the contract itself where specific provisions or implied conditions of the contract can be invoked to support the entitlement. A Claim under law, sometimes referred to as an ‘extra-contractual’ claim is where the entitlement accrues from the provisions of the law. FIGURING OUT WHO CAN SUE First, you need to figure

  • Good Faith In English Law

    1215 Words  | 5 Pages

    denies predictable and certain contractual relationship, parties who seek to contract in a reasonable commercial standard will have to go through lots of difficulties and ambiguities with the contract context under current

  • Banana Cola Case Study

    823 Words  | 4 Pages

    are English companies, the contract is under the Unfair Contract Terms Act 1977 (“UCTA”). According to UCTA, whether the exclusion/limitation clauses in the contract are valid will be influenced by the following factors: the strength of the bargaining positions; the inducement the customer received to sign the contract; whether the customer knew or ought reasonably to had known of the existence and the extent of the term; where the term excludes or restricts any relevant liability if some condition

  • Employment Law Case Study

    723 Words  | 3 Pages

    2.1 Identify the main principles of discrimination law in recruitment and selection and in employment. Fixed Term Contracts - Employment Act 2002. Work eligibility. Protection of Freedoms Act 2012 (regulated activities adult/children). Rehabilitation of Offenders Act 1974 (employing ex-offenders). Immigration, Asylum and Nationality Act 2006 Principles of discrimination law Direct Indirect By association Equality Act 2010 Direct discrimination performs when someone is treated less favourably

  • Examples Of Discharge Of Contract

    1299 Words  | 6 Pages

    equally seen as responsible or not at fault it can be seen as a discharge through frustration. Discharge of Contract by Breach: A breach of contract can be defined as a failure to execute the terms of the contract by one of the parties in the contract. A breach itself does not

  • Exclusion Clause In Contract Law

    795 Words  | 4 Pages

    Introduction The central issue in this case was whether the exclusion clause was being successfully incorporated into the contract between Aaron and EFG Pte Ltd (“EFG”). Exclusion Clause An exclusion clause is a term that seeks to exclude or limit liability between parties in the event of contractual breach. It should be incorporated by signature [L’Estrange v Graucob (1934)], by notice [Olley v Marlborough Court Ltd (1949)] or by previous course of dealing [La Rosa v Nudrill Pty Ltd (2013)]. The clause

  • Contract Law: Three Types Of Misrepresentation In Law

    1790 Words  | 8 Pages

    consideration to be paid for the promise made; legal capacity of the parties to act; genuine consent of the parties; and legality of the agreement. Statements made over the course of negotiation could amount to either a contractual term, or a misrepresentation. If the statement amounts to a term in the contract, and it is not fulfilled, the innocent party can then sue for

  • Exclusion Clauses In Contract Law

    1032 Words  | 5 Pages

    Section 11(1) of the Act stated “In relation to a contract term, the requirement of reasonableness is that the term shall have been a fair and reasonable one to be included having regard to the circumstances which were, or ought reasonably to have been, known to or in the contemplation of the parties when the contract was made”. In Section

  • Importance Of International Commercial Arbitration

    771 Words  | 4 Pages

    arbitration, international treaties and conventions play an important part in governing not only domestic laws but also in international matters considering different countries having different judicial systems and interpretations regarding then law. In terms of international commercial arbitration the treaties and conventions that play an important role are the Geneva Protocol of 1923, the Geneva Convention of 1927, the New York Convention, the Panama Convention, the European Convention on International

  • Advantages And Disadvantages Of Exclusion Clause In A Contract

    1270 Words  | 6 Pages

    exact listed terms, conditions, or circumstances. It can be inserted into a contract, which intends to keep out or restrict one's responsibility for breaking a contract or lack of due care (negligence). If somebody sells goods, and some of the products might go wrong. This failure would make him/her accountable to compensate the consumer. For instance, you could be liable if you distribute the products out of the deadline, or if the things are faulty. It is likely for him/her to set terms in his/her