by trial court in favor of Conroe, Gin, Ice & Lite Company for alleged breach of contract. The State of Texas Ninth District Montgomery County Court of Civil Appeals affirmed the court’s decision and the International Filter Company appealed to the Commission of Appeals of Texas. Facts: The International Filter Company offered to sell Conroe, Gin, & Ice Company water filtration equipment and the offer was accepted. The contract stated it would become effective once endorsed by an International Filter
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circumstances: if the goods were the type which the business would ordinarily buy and sell; if the good were bought to be sold at a profit; or if there had been some regularity in the company buying goods in question. When you buy goods you form a contract between the buyer and the seller which
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KwikCo, is looking for a courier service which they can use exclusively to deliver parcels and documents to their clients. The advertisement calls for expressions of interest, stating that "those parties wishing to be considered for the courier contract with KwikCo should submit an application in writing to be received in KwikCo's office by 5pm on Friday, 25 April, 2008." On Monday, 21 April 2008, A sends a letter to KwikCo giving information about her company and its experience as a courier
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Law of Contract What is a legal agreement Contract is an agreement which the law will enforce. What is the difference between an agreement and a legally binding agreement? To understand this problem we should consider two scenarios. The first is if we ask a friend or colleague to have lunch with us and they agree. There is an offer and an acceptance. If we were to be asked if we are suing the friend or colleague for breach of contract our answer would be an emphatic no. (Why would we give
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of his employees (3c) 7 5 Distinguish strict liability from general tortuous liability with reference to Prime Computers (3 d) 10 6 Explain and apply the various elements of the tort of negligence and analyse the practical applications of breach of duty and remoteness in the given situation (4 a, b) 11 7 Conclusion 15 8 Reference 16 Introduction As a legal executive in a firm of solicitors, some clients have approached and seeking advice on several claims
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term binding on GCI? Explain the UCC analysis governing the additional terms added by Armstrong: Yes it is likely that Armstong’s modification of terms would be binding upon Graphic Communications, Inc. (GCI). UCC articles 7-2 through 7-4 speak to contract modifications. Article 7-2 stipulates that modifications are acceptable and normal in the course of business. Article 7-3 establishes the definition of acceptable modifications where offer, acceptance and consideration are met, indicating mutual
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1. The essentials of a contract state that there must be two or more parties as a contract cannot be formed by a single person and upheld in court. There must also be an offer and an acceptance, as well as something called “consensus in idem” which is the understanding that all parties agree on the content of the contract before it is finalised. The parties must also have the intention to be legally bound and must be in a legal capacity to enter into the contract. In this case I do not believe
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the following circumstances and waiver is implied: a. Where the buyer waives a condition or elects to treat the breach of warranty. b. Where a contract of sale is not severable and the buyer has accepted the goods or part thereof. c. The breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty, unless provided for otherwise in the contract. d. Obstructs or prevents the other party from fulfilling his part of promise. e. All of the above. 2. Which of
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Question 3(c) 7 Question 4(a) 8 Question 4(b) 10 References 11 Question 1(a) The issues arise in the above situation is whether Ahmad have any contract made with Suria Supermarket. The law consist in the above situation is Invitation to treat (ITT). As you known, invitation to treat does not mean amount to an offer. Section 2(a) of the Contract Act 1950 defined as something which is capable of being converted into an agreement by its acceptance. There is a different between Invitations to treat
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Legal Liabilities * Tortious Liability: harmful act can be a tort (civil wrong), other than breach of contract, remedy is compensation (commenced through litigation) * Vicarious Liability: Liability for harmful act caused by another * Statutory liability: harmful act by breach of statute, prosecution is punishment * Contractual liability: harmful act by breach of contract, remedy is compensation * Criminal liability: harmful act and harmful act is a crime, incurs
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