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Express Term
A contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. The terms of a contract are the essence of a contract, and tell the reader what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract. "Terms" and "conditions", although slightly different in their significance, are often treated together in phrases such as "standard terms and conditions", or "Ts and Cs". Classification of term Condition or Warranty Conditions are major provision terms that go to the very root of a contract breach of which means there has been substantial failure to perform a basic element in the agreement. Breach of a condition will entitle the innocent party to te ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Certainty
Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct. See also * * *Due process *International human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, ag ... * Rational basis test Further reading *Gerit BetlemThe Doctrine of Consistent Interpretation—Managing Legal Uncertainty ''Oxford Journal of Legal Studies'', 2002. *Anthony D'AmatoLegal Uncertainty ''California Law Review'', 1983. *Uri WeissThe Regressive Effect of Legal Uncertainty ''The Journal of Dispute Resolution'', 2019. References Legal doctrines and principles {{law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parol Evidence Rule
The parol evidence rule is a rule in common law jurisdictions limiting the kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract and precluding parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation process, as evidence of a different intent as to the terms of the contract. The rule provides that "extrinsic evidence is inadmissible to vary a written contract". The term "parol" derives from the Anglo-Norman French ''parol'' or ''parole'', meaning "word of mouth" or "verbal", and in medieval times referred to oral pleadings in a court case. The rule's origins lie in English contract law, but it has been adopted in other common law jurisdictions; however there are now some differences between application of the rule in different jurisdictions. For instance, in the US, a common misconception is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dick Bentley Productions Ltd V Harold Smith (Motors) Ltd
''Dick Bentley Productions Ltd v Harold Smith (Motors) Ltd'' 965EWCA Civ 2is an English contract law case, concerning the difference between a representation and a contract term. It shows that a ''bona fide'' consumer is entitled to rely on the word of a dealer (who is naturally presumed to be an expert). Facts Dick Bentley Productions Ltd wanted a ‘well vetted’ Bentley. Harold Smith (Motors) Ltd, car dealers, found one that they said had done only 20,000 miles since a replacement engine. It later emerged that the Bentley had covered 100,000 since the engine and gearbox had been replaced. Dick Bentley sued Harold Smith for breach of warranty, and was successful before the trial judge. Judgment The Court of Appeal held that the statement of how many miles were done was a term of the contract because the Harold Smith (Motors) Ltd were car dealers and in a better position to know than the claimant about the truth of the statement. This affects the parties' intention to incorpor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morris Motors
Morris Motors Limited was a British privately owned motor vehicle manufacturing company formed in 1919 to take over the assets of William Morris, 1st Viscount Nuffield, William Morris's WRM Motors Limited and continue production of the same vehicles. By 1926 its production represented 42 per cent of British car manufacture—a remarkable expansion rate attributed to William Morris's practice of buying in major as well as minor components and assembling them in his own factory. Although it merged with Austin Motor Company to form the British Motor Corporation... although nearly twenty-five years had elapsed since the BMC merger, not even Austin and Morris, the two volume car manufacturers that formed the core of the original merger, had integrated to a significant degree. Stokes illustrated the immensity of the problem presented by the merger in 1968 by referring to the former Austin and Morris companies having been 'scarcely on speaking terms'. Sixteen years after the formation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Second-hand
Used goods, also known as secondhand goods, are any item of personal property that have been previously owned by someone else and are offered for sale not as new, including metals in any form except coins that are legal tender. Used goods may also be handed down, especially among family or close friends, as a hand-me-down. Risks Furniture, especially bedding or upholstered items, may have bedbugs, if they have not been examined by an expert and some goods may be of poor quality. Benefits Recycling goods through the secondhand market reduces use of resources in manufacturing new goods and diminishes waste which must be disposed of, both of which are significant environmental benefits. Another benefit of recycling clothes is for the creation for new pieces of clothing from combining parts of recycled clothes to make a whole new piece. This has been done by multiple fashion designers recently and has been growing in recent years. However, manufacturers who profit from sales of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oscar Chess Ltd V Williams
''Oscar Chess Ltd v Williams'' 957EWCA Civ 5is an English contract law case, concerning the difference between a term and a representation. Facts Williams traded-in his Morris car to Oscar Chess Ltd at the value of £290, describing the car as a 1948 Morris 10. In reality, it was a 1939 model worth only £175. Williams had declared the car's age in good faith, relying on the car's log book; but the document proved to be a forgery. Judgment Denning LJ said the term could only possibly be a warranty, whose ordinary meaning is ‘to denote a binding promise’. In '' Cross v Gardner'' Holt CJ held that ‘An affirmation at the time of a sale is a warranty, provided it appears on evidence to be so intended.’ And this was the ordinary English meaning of a binding promise. But in '' Heilbut, Symons & Co v Buckleton'' 913AC 30 Lord Haldane LC and Lord Moulton said ‘warranty’ in a technical sense, distinguished from a condition. The crucial point of this case was not whether the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. Courts generally consist of Judge, judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument. The practical authority given to the court is known as its jurisdiction, which describes the court's power to decide certain kinds of questions, or Petition, petitions put to it. There are various kinds of courts, including trial courts, appellate courts, administrative courts, international courts, and tribunals. Description A court is any person or institution, often as a government institution, with the authori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misrepresentation
In common law jurisdictions, a misrepresentation is a False statements of fact, false or misleading''Royal Mail Case, R v Kylsant'' [1931] Question of law, statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a Contractual term, term, then the normal remedies for breach of contra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Television Commercial
A television advertisement (also called a commercial, spot, break, advert, or ad) is a span of television programming produced and paid for by an organization. It conveys a message promoting, and aiming to market, a product, service or idea. Advertisers and marketers may refer to television commercials as TVCs. Advertising revenue provides a significant portion of the funding for most privately owned television networks. During the 2010s, the number of commercials has grown steadily, though the length of each commercial has diminished. Advertisements of this type have promoted a wide variety of goods, services, and ideas ever since the early days of the history of television. The viewership of television programming, as measured by companies such as Nielsen Media Research in the United States, or BARB in the UK, is often used as a metric for television advertisement placement, and consequently, for the rates which broadcasters charge to advertisers to air within a given net ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Person
In law, a reasonable person or reasonable man is a hypothetical person whose character and care conduct, under any ''common set of facts,'' is decided through reasoning of good practice or policy. It is a legal fiction crafted by the courts and communicated through case law and jury instructions. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person represents a composite of a relevant community's judgement as to how a typical member of that community should behave in situations that might pose a threat of harm (through action or inaction) to the public. The reasonable person is used as a tool to standardize, teach law students, or explain the law to a jury. The reasonable person belongs to a family of hypothetical figures in law including: the "right-thinking member of society", the "officious bystander", the "reasonable parent", the "reasonable landlord", the "fair-minded and informed observer", the "person having ordinary skill in the ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
