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Essay / Research Paper Abstract
This 19 page UK law paper is written in three parts. The first and main part of the paper concerning a commercial contract with a potential breach of contract following the breakdown of machinery when it was used in an unusual fashion. The buyer stipulated the use of the machinery before it was bought, but the seller sold the goods subject to their standard terms and condition which include a number of exclusions. The paper consider if the buyer has any potential claim against the seller. This includes consideration of express and implied term, parol evidence, a collateral contract and mere representations as well as the Sale of Goods Act 1979 and the validity of the exclusion clauses. The second part of the paper looks at the factors the company may want to think about if considering appointing agents. The last part of the paper considers if undelivered goods can be charged to the buyer following an act of God. The paper quotes numerous cases throughout. The bibliography cites 22 sources.
Page Count:
19 pages (~225 words per page)
File: TS14_TEtermsag.rtf
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Unformatted sample text from the term paper:
letter from Glacier Lake Winter Sports as two out of the machines sold to them have broken down. Lake Winter Sports want to reject the machines they have bought and
obtain a full refund plus damages for the loss of revenue caused by the breakdown. Lake Winter Sports (GLW form here on) state they informed Cirrus that they would want
to use the machines 24 hours a day. Cirrus sells all goods subject to their standard terms and conditions. The issue here is to determine if there has been a
breach of contract with the supply of substandard goods looking at the express terms of the contract, implied terms which may be argued form the sale and also the Sale
of Goods Act 1979 The first issue to consider in order to determine if there is a breach of contract is whether
the need for these machines to operate for twenty four hours was a term of the contract. There are two types of terms; express and implied. Express terms are those
which have been specifically expressed between the parties to the contract. In cases where the contract is oral there can be a dispute as to fact (McKendrick, 2000). At first
this may appear to have the potential to be an express term, however, in this case there is a written contract which does not specify that the machines will and
can operate for twenty four hours a day. There are two main issues we can consider in this case; if the court has the ability to incorporate the term
into the contract; if GLW are bound by the contractual terms which they have signed. The general approach is that when parties to
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