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Essay / Research Paper Abstract
This 9 page paper looks at the sale of goods under English law and considers the way in which the use of contracts and legislation needs to position where it may be argued there is no certainty and fragility. The paper considers different aspects of the way that the contract is formed and regulated as such relevant cases in order to illustrate the points raised. The bibliography cites 14 sources.
Page Count:
9 pages (~225 words per page)
File: TS14_TEcertcontract.rtf
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Unformatted sample text from the term paper:
certainty in the way that contracts are enforced in order to provide a suitable business environment. The basic premise of English law is that all people are equal before the
law, this has the inherent implication that when making contracts and seeking remedies it is assumed that the individuals are of equal power. A wealth of consumer legislation exists which
may be argued as potentially able to imply a wide range of terms and help to address the asymmetry of power that exist between businesses and consumers, for businesses there
is a more limited approach, but with a strong legislative foundation covering the sale of goods as well as a strong legal framework regarding the way contracts are enforced. With
the regulation of sales and of contracts there is the creation of a robust and stable framework that support business, but within this framework there is some degree of variability,
as many situation may not be covered by legislation and the reason for contracts is to specify, with express terms the terms and conditions that the parties are applying to
the contracts. If there were total certainty there would be no need legal disputes as the outcomes would be known. The use of case law as well as statutes may
indicate potential outcomes, but without laws that cover all scenarios and a legal approach which is a framework rather than the prescriptive approaches seen in areas such as the US,
and with many cases have different situation meaning the applications of case law may not always be straight forward it may be argued that there is a degree of uncertainty
and fragility added into the way good are traded between businesses. The general approach is that when parties to a contract have
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