others in our market. Specifically the liability that we are concerned with creating in the marketing campaign would be an express warranty or an implied warranty. An express warranty is a guarantee that a product is natural directly within the label. Examples of this are companies that claim a product lasts 15,000 hours. An implied warranty means that a guarantee is implied at the purchase of the product even if not spelled out. Examples if this could be a vacuum cleaner without enough suction to clean
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Parol Evidence Rule: If agreement in writing, presumed that writing contains all terms. Any oral statements will not be admitted as contractual: (Mercantile Bank of Sydney v Taylor) The P.E.R only applies if the written contract appears to be a complete record the agreement. -But partly written, partly oral contracts are an exception (Van Den Esschert v Chappell) *P.E.R was not applied due to the comment made was not in the written agreement, therefore the complete agreement consisted of the written
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* Chapter 20: The Formation of Sales and Lease Contracts - When we turn to contracts for the sale and lease of goods we move away from common law and into the area of statutory law. - UCC article 2: on sales, 2A: on leases - The goal of the UCC is to simplify and streamline commercial transactions, allowing parties to form contracts without observing the same degree of formality used in other types of contracts by making laws governing sales and lease contracts clearer, simpler and more readily
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(misrepresentations of material facts) and possibily of unconscionable acts. Cedric has claims against Albert under the Deceptive Trade Practice Act for a laundry list violation and unconscionable act. At issue is the Deceptive Trade Practices Act and warranty claims. The DTPA is to be liberally construed. The DTPA applies to consumers bringing claims in which the basis of the claim arises from a sale or transaction. A consumer is an entity who seeks or acquires to purchase or lease a good or service
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essential elements of the valid contract are applicable to sale of goods also viz offer and acceptance, free consent, capacity of the patties, consideration etc. but there are some special feature are there in sales of goods. Like ➢ conditions and warranties. ➢ when the ownership of the goods sold pass to the buyer. ➢ in what circumstance a buyer acquires a good title over the goods. ➢ the duties and rights of the seller and buyer What is a Contract of Sale Secction – 4 defines A
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for Payment or Running of Credit; Authority to Ship Under Reservation 2-311: Options and Cooperation Respecting Performance 2-312: Warranty of Title and Against Infringement; Buyers Obligation Against Infringement 2-313: Express Warranties by Affirmation, Promise, Description, Sample 2-314: Implied Warranty: Merchantability; Usage of Trade 2-315: Implied Warranty: Fitness for Particular Purpose 2-316: Exclusion or
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create legal relation 6 1.2: IMPACT OF DIFFERENT TYPES OF CONTRACT 6 1.2.1. Face to Face 6 1.2.2. Written contract 7 1.2.3. Distance Selling 7 1.3. ANALYSIS OF TERM IN CONTRACT 8 1.3.1. Condition 8 1.3.2. Warranty 8 1.3.3. Innominate term 9 1.3.4. Express 9 1.3.5. Implied 10 1.3.6. Exclusion Clauses 10 2.1. APPLICATION OF ELEMENTS OF CONTRACT IN 1ST SCENARIO 10 2.1.1. Agreement. 10 2.1.2. Consideration 11 2.1.3. Intention to create legal relations 11 2.2. APPLICATION
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The Bryants argued that the secondhand smoke breached the implied warranty of habitability and thus caused constructive eviction. Constructive eviction is used in the law of real property to describe a circumstance in which the landlord does something or fails to do something that he has a legal duty to provide rendering the property uninhabitable. The landlord made a motion to strike the Bryants’ defense of breach of the implied warranty of habitability and constructive eviction. (Cheeseman, pg
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SERVICES UNDER THE TERMS OF THIS AGREEMENT. HOMEMADE SHALL NOT HAVE ANY LIABILITY WITH RESPECT TO ANY MEALS THAT YOU ORDER THROUGH THE SERVICE. ALL MEALS ARE PROVIDED BY CHEFS WHO USE OUR SERVICES. HOMEMADE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OF ANY CHEF OR MEAL. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE MEALS, THEIR CONTENTS AND/OR INGREDIENTS, AND THE WAY IN WHICH THEY ARE PREPARED AND YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY
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Table of content: Introduction…………………………………………………………………………………..2 1.1 Explain the importance of the elements required for the information of a valid contract in the motor industry…………………………………………………………………………….3 1.2 Discuss the impact of different types of contract by providing explanations on comparison with local, export and distance buying modes………………………………………………..7 1.3 Analyze terms in contracts with reference to their meaning and effect in the motor industry………………………………………………………………………………………10
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