[doc] Business laws assignment sample
Added on 2021-04-21
12 Pages2567 Words58 Views
Running head: BUSINESS LAWSBusiness LawsName of the studentName of the universityAuthor note
1BUSINESS LAWSPart A 1.Exclusion clauses are governed in UK by the Unfair Contract Terms Act 19972. The term of a contract which is the primary reason for which the parties got into the contract isknown as a condition. Therefore, evidently it can be stated that conditions are the most importantterms in a contract. When a party fails to comply with a condition in a contract the other partymay not only claim damages for any loss incurred by them but also have the option of rescindingthe contract as per Poussard v Spiers (1876) 1 QBD 410A term which is not as important as a condition in a contract but nevertheless is a term which hasbeen agreed by the parties to the contract is called warrant. When a party fails to comply with awarranty it can only claim damages but not have the option to rescind the contract as per Bettiniv Gye 1876 QBD 1833. Frustration is one of the doctrines through which a contract may be discharged by any of theparties. Frustration of the contract takes place when the circumstances has becomes such that theterms of the contract cannot be carried out and the circumstances were not within the control ofthe party as per Pioneer Shipping Ltd v BTP Tioxide Ltd [1982] AC 7244.
2BUSINESS LAWSAs provided by the case of Bisset v Wilkinson [1927] AC 177 when a party to the contract isinduced by the other party to get into the contract based on false and incorrect statement of factsprovided by the other party be it innocently or intentionally accounts to misrepresentation undercontract law. 5. Under section 14 of the Sale of Goods Act 1979 goods are considered as of a satisfactory qualityif standard of a reasonable person as being satisfactory is met by them by taking intoconsideration description of goods, price and other important circumstances. Thus of the goodshave good quality in terms of finish and appearance, free of minor defects, durability, safety andbeing fit for the purpose it has been supplied for the goods are considered to be of a satisfactoryquality. Part B 1.The case is a civil case because it is in relation to incorporation of terms in a contract 2. The claimant had made a claim to not include rule 5 as the terms of the contract as it was notpresent in the newspaper on the day when the cash price was found. 3. The defendant won the case as the court held that Rule 5 was a terms of the contract 4.
3Introduction of bill to House of RepresentativesStudy by house committeeFloor Action Committee Hearing (At the other house if passed)Floor action Returned to original house (if amendments done)Goes to governor (if passed without amendments)Bill Becomes LawBUSINESS LAWSNormally 3 Court of Appeal judges hear a case5. The precedent used in this case was Parker v South Eastern Railway Co (1877) 2 CPD 416where the court had also dealt with an issue of reasonable notice.Part cSource: Created By Author
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