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Essay / Research Paper Abstract
This 4 page paper looks at a fictitious arbitration case concerning a potential breach of contract in order to assess if damages should be paid. The case concerns a verbal change to a contract and a determination of whether or not goods were fit for their purpose. The bibliography cites 1 source.
Page Count:
4 pages (~225 words per page)
File: TS14_TEgartha.rtf
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Unformatted sample text from the term paper:
the nature of the regular agreement to alter the contract and whether or not this is allowable as well as the issue under Article 35 of the United Nations Convention
on Contracts for the International Sale of Goods (CISG) where the goods need to be "fit for any particular purpose expressly or impliedly made known to the seller at the
time of the conclusion of the contract". The first issue is that of the contact, the basis of the relationship between Enterprises and Electric is represented within the contract. It
is a basic tenet of law that the contract is the heart of the relationship and it is only over ridden by clauses that can be implied by the court,
form statutory sources and from past behaviour and previous practice (McKendrick, 2008). The terms and conditions of the contract state that Electric will "five primary distribution fuse boards at a
total delivered price of $168,000" to be delivered by August 15. The first consideration is to asses if this was a valid contract, there is offer and acceptance, this takes
place verbally and then a purchase order is sent by Newgarth, in return a contract is sent to Enterprises, signed with a change, as such it may be argued that
this becomes a counter offer, but the change is accepted so there is a valid new offer acceptance when it is signed back at Electric so there is a valid
contract (McKendrick, 2008). Electrics became aware that these fuse boxes that the quote was given for (Chad LP) would not be
available within the time needed for the contract to be completed. There were two alternatives fuse boxes that were available, in order to expedite this Electric called Enterprises to inform
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