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Sample Assignment on Contract Law (docs)

   

Added on  2021-06-16

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Contract law1Contract Law
Sample Assignment on Contract Law (docs)_1
Contract law2Task 2Issue:1.Whether there is any contractual obligation on FFF to supply that feed which is accredited by ACO, and whether it is the condition of the Contract:2.Whether clause 6 of the contract is the condition or warranty of the contract, and WhetherLLE is bound by clause 24 of the contract or not?Rule:Generally, Court face difficulty to differentiate the oral or written statement made by the parties before signing the agreement, such as B is induced by A to buy 3rd hand car by stating that car was 2nd hand. This can be considered as term of the contract which ultimately results in breach of the contract. It is clear that for making the statement a term of the contract it is necessary that parties to the contract must intended to create legal relations with each other. For this purpose, Court determines the intention of the parties objectively, which means what would be though by any reasonable person while intended in that situation1?This can be understood through case law Ellul and Ellul v Oakes (1972) 3 SASR 377, Supreme Court of South Australia2. In this case, Court stated that if one party to the contract made any representation before the other party while negotiating, and this representation was made for stimulating the other party to sign the contract, then such representation can be used as direct evidence for concluding that such representation was term of the contract. Terms stated under the contract can be differentiated as condition and warranty. Condition is defined as important and major term of the contract which directly relates with the foundation of the contract. Condition can be considered as the condition precedent and a condition subsequent. A condition precedent is the term which is relates with formation of the contract, and a condition subsequent is the term which relates with the performance of the contract. In case condition is breached by the party to the contract, then innocent party get right to end the contract and file 1 ACL, Terms of contract, < https://www.australiancontractlaw.com/law/scope-terms.html>, accessed on 4th May 2018. 2 Ellul and Ellul v Oakes (1972) 3 SASR 377, Supreme Court of South Australia.
Sample Assignment on Contract Law (docs)_2

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