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The Contact Between Peter and Forever

   

Added on  2020-03-28

6 Pages1827 Words122 Views
Terms of Contract 0 | P a g e
The Contact Between Peter and Forever_1
1. Among the various term of contract warranty is mentionable one. A warranty refers to apromise or assurance in a contract which if breached by either party may result in making theaggrieved party claim for the caused damages. In other words, warranty as a term of contractimplies a promise or guarantee with the help of which assurance is provided by one party to theother involved party that the mentioned conditions or facts are true in nature 1. On the part of theaggrieved party, irrespective of materiality factual guarantee can be enforced with the help ofwhich legal remedy can be availed by the aggrieved party when it can be established that themade promise is not true in nature. Warranty, as a contract term can be further classified intoexpress warranty and implied warranty. In the particular case of Peter, express warranty is morerelevant which referrers to the promise the assurance made regarding the product by the sellerwith live up. On the basis of the above discussed aspect, it can be mentioned that the statement that OFFICEPRO X9 is the best chair in the market and/ it is an amazing chair can be considered as a term ofthe contract i.e. express warranty between Peter as the buyer and the seller which was stated bySamantha who assisted Peter at Forever Furniture. It is due to the fact that, it is with the help ofthe terms of the contract that OFFICE PRO X9 is the best chair in the market and/ it is anamazing chair Samantha assured or promised Peter the mentioned facts are true in nature i.e. theparticular product is the best in the market to meet his purpose of buying 2. In addition to this, itis the reliance of Peter on the particular term of the contract basing upon which he decided to buyOFFICE PRO X9. On the basis of the above discussed facts, it can be stated that statements likeOFFICE PRO X9 is the best chair in the market and/ it is an amazing chair can be considered asthe term of the contract i.e. express warranty. To mention the scenario of Peter in a specificmanner, sales representatives may unintentionally with the help of inflated or careless statementsor conduct or even by their silence to the inquiry of customers may create warranties as it wasobserved in case of Peter. In his case, Samantha due to inflating her sales talks to convince Peterto buy the product made statements. On the basis of which it can be considered as a terms ofcontract i.e. unintended warranties. In order to establish the above discussed fact the case ofFord Motor v. Lemieux 1967; Grady 1983 can be mentioned3. In the particular case, an1 J. W Carter, Contract Law In Australia (LexisNexis Butterworths, 2013).2Richard Taylor and Damian Taylor, Contract Law (Oxford University Press, 2017).3Karl A. Boedecker, Fred W. Morgan and Jeffrey J. Stoltman, "Legal Dimensions Of Salespersons' Statements: A Review And Managerial Suggestions" (1991) 55(1) Journal of Marketing.1 | P a g e
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advertising brochure of Ford truck which depicted the picture of the truck off-road driving onmountains, ditches and streams used by the sales person to convince the buyer. Due to the samereason, when the buyer faced mechanical problems, the company was held liable for breach ofwarranty, though it was not the intention. In case of Peter as well, it can be observed that whensuch promises regarding the product were made by Samantha as inflated statement resulting inthe creation of unintended warranties as the term of contract. 2. As already stated there are different types of terms of contract. Among the various terms ofcontract one of the significant and impactful terms of contract is express terms. Express terms ofa contract as the name suggests, are those terms of a contract which are clearly and profoundlymentioned and specifically agreed between the parties involved in the agreement 4. Express termscan be mentioned verbally as well as in writing in an agreement. The only essential requirementin case of express terms is the consent on the part of the involved parties in a contract. On the basis of the above discussed facts it can be mentioned that the term specifying thatOFFICE PRO X9 is effective in providing required lower-back support to Peter, which wouldallow Peter to work comfortably the entire day, can be considered as an express term of contract.If the particular scenario of Peter is analyzed it can be observed that, in the process of buying thechair, Peter has clearly specific his terms for the purpose of buying the chair which is sufficientback support 5. On acknowledging and accepting his term, Samantha provides him with OFFICEPRO X9. This clearly reflects that it is a term of contract, as it was clearly mentioned by Peterthat in order to buy the particular product, the particular terms on the part of Peter i.e.requirement of sufficient lower back support which was mentioned by him verbally is needed. Inaddition to it, Samantha was aware of the term mentioned by Peter and on agreeing upon theterm she provided him with the particular product making the term- OFFICE PRO X9 iseffective in providing required lower-back support, a term of contract. However, in this context acomplication may arise due to the specification of the statement by Peter verbally. It is due to thefact that terms which are mentioned verbally during negotiations prior the conclusion of thecontract and it is not mentioned when the contract is put down in writing, such terms are usuallyconsidered as representation. It is due to the fact that, as the term is not mentioned in the writtenagreement it is assumed that on the part of the involved parties the statement is not viewed as4 H. G Beale, W. D Bishop and M. P Furmston, Contract (Oxford University Press, 2008).5 Kathrin Kuhnel-Fitchen and Tracey Hough, Optimize Contract Law (Taylor and Francis, 2014).2 | P a g e
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