to the hire purchase agreement. Part III of Hire Purchase Act lays down various warranties and conditions which seek to protect hirers and guarantors. The basic difference between a breach of warranty and breach of condition are breach of conditions is a serious breach and it goes to the root of the contract, thus entitling the party not in breach to repudiate the contract and sue for damages. Breach of warranties is less serious breach which does not entitled the party not in breach to repudiate
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Contents TASK 1:- 2 There are two types of contracts namely- 2 There are five implied terms under the sales of goods act 1979, they are 2 Task 2: 5 EX: 5 RIGHTS OF AGENT or DUTIES OF A PRINCIPAL :- 5 DUTIES OF AN AGENT :- 6 Advising Rosy whether she will be bound by the contract with Yasmine: 7 References:- 8 TASK 1:- A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a
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liable because they did not provide any statutory warnings. In the case of Sanders v. City of Fresno, this is the language of an express warranty. An express warranty is a seller’s promise on which a buyer relies when they purchase an item from a company. The police cannot be safe in saying that they would not cause any injuries. Therefore, express warranty of Tasers that it is safe and could not because injury cannot save police from liability. In the case of Borland v Sanders Lead Co., the landowners
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1. (T/F) The scope of Article 2 includes secured transactions, i.e. those in which the seller retains a security interest in the goods. 1. False. 2-102. 2. (T/F) “Goods” include all things which are movable at the time of contract formation. 2. True 2-105(1). 3. Andy owns a hot dog cart in Balboa Park. He has a license from the park authority to operate the stand at a very visible and busy location in front of one of the museums. Andy contracts to sell the hot dog stand business
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(1) 10.2 (page 223): specific performance cases Order of specific performance of the real state contract warranted in this case? Richard Albas and his spouse desire to purchase the house that Jean Claude Kaufman and Christine Cacace own. After Albas paid all requirements, Kaufman and Cacace changed their mind and decided not to sell the house, for her health issue. Albas sued looking for specific performance and moved for summary judgment. Charged of Specific performance, Kaufman and Cacace made
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America Standard Limited Warranty Three (3) Year (U.S. and Latin America) Standard Limited Warranty (“Limited Warranty”) For Toshiba Branded Accessories and Electronics Purchased within the Fifty (50) United States and District of Columbia, United States Territories, Puerto Rico, Latin America, and the Caribbean for customer’s own end use and not for resale. Disclaimer and Limitation of Remedy ALL OTHER EXPRESS AND IMPLIED WARRANTIES FOR THIS PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
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contracts/agreements Sec. 5 : Law of contract has an application Contracts can be formed by offer and acceptance either by the buyer or the seller and accepted by the other It can either be oral or in writing or partially both or Can be implied from the conduct of the parties Impossibility of performance Sec. 7 & 8 If the commodity perished or so damaged that it does not confirm to the description without the knowledge of the seller and prior to the contract of sale, such contract
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Unavoidable Dangers 11 – 12 vi) Rationale for and debate over strict liability 12 – 13 4. Consumer Protection ACT 1999 13 i) Scope of Application of The ACT 13 ii) Implied Guarantees Respect of Supply of Goods 14 - 16 iii) Remedies 16 – 18 iv) Implied Guarantees in Respect of Supply of Services 18 v) The National Consumer Advisory Council 19 vi) The Tribunal For Consumer Claims 19 -20 5. References 20
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Uniform Commercial Code: Article 2 Sales Transactions over the Internet Introduction The Uniform Commercial Code (UCC) generally refers to the main set of regulations and laws that were primarily established to harmonize and standardize sales and commercial transactions in the United States. The primary reason for standardizing the state laws regarding the conduct of sale and transactions is that, often in today’s society, those transactions and sales tend to extend beyond the jurisdiction of
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Supreme Ct., 2002 James and Linda Burch, Petitioners, Home purchasers, Plaintiffs v. The Second Judicial Court of Nevada and Double Diamond Ranch, Seller, Defendant. James and Linda Burch sue Double Diamond Ranch for breach of express and implied warranties, negligence, and fraud and misrepresentation. Burches requested removing the insulation, professionally treating area with mildew, installing upgraded insulation, constructing proper water barrier underneath ground, and reimbursement of all
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