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Contractual 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. 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 terminate the contract. A warranty is less imperative than a condition, so the contract will survive a breach. Breach of either a condition or a warranty will give rise to dama ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Maredelanto Compania Naviera SA V Bergbau-Handel GmbH
''Maredelanto Compania Naviera SA v Bergbau-Handel GmbH'' or ''The Mihalis Angelos'' 970EWCA Civ 4is an English contract law case, concerning breach of contract. Facts ''The Mihalis Angelos'' was fixed to sail to Haiphong and there load a cargo for delivery in Europe. In the charterparty dated 25 May 1965 the shipowners ("the owners") stated that the ship was "expected ready to load under this charter about July 1, 1965". The charterparty also provided, in the first sentence of the cancelling clause, "Should the vessel not be ready to load (whether in berth or not) on or before July 20, 1965, charterers have the option of cancelling this contract, such option to be declared, if demanded, at least 48 hours before vessel's expected arrival at port of loading". On 17 July 1965 the ship was at Hong Kong, still discharging cargo from her previous voyage. It was physically impossible for her to finish discharging and reach Haiphong by 20 July. The charterers gave notice cancelling ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privy Council
A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on state affairs. Privy councils Functioning privy councils Former or dormant privy councils See also * Privy Council of the Habsburg Netherlands * Council of State * Crown Council * Executive Council (Commonwealth countries) * Privy Council ministry The Privy Council ministry was a short-lived reorganization of English government that was reformed to place the ministry under the control of the Privy Council in April 1679, due to events in that time. Formation It followed years of widespread d ... * State Council References {{DEFAULTSORT:Privy Council Advisory councils for heads of state Monarchy Royal and noble courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parol Evidence Rule
The parol evidence rule is a rule in the Anglo-American common law that governs what kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract. The rule also prevents 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 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 commo ... [...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. Facts Dick Bentley Productions Ltd wanted a ‘well vetted’ Bentley. Harold Smith (Motors) Ltd, car dealers, found one which they said had done only 20,000 miles since a replacement engine. It later emerged that the Bentley had done 100,000 since the engine and gear box 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 incorporate a term into a contract. Lord Denning MR said the following. Salmon LJ and Danckwerts LJ agreed. See also *English contr ... [...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. Self-financing through his enormous profits Morris did borrow some money from the public in 1926 and later shared some of Morris Motors' ownership with the public in 1936 when the new capital was used by Morris Motors to buy many of his other privately held businesses. Though it merged... 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Second-hand
Used goods mean any item of personal property offered for sale not as new, including metals in any form except coins that are legal tender, but excluding books, magazines, and postage stamps. Risks Furniture, in particular bedding or upholstered items, may have bedbugs, if they have not been examined by an expert. 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 combings 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 new goods lose corresponding sales. Scientific research shows that buying used goods reduces carbon footprint and emissions significantly compared to the complete product ... [...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 sold Oscar Chess Ltd a Morris car for £290. It was described as a 1948 Morris 10, but it was really a 1939 model worth £175. Williams said it was 1948 in good faith, relying on the car log book, but the book was 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 representation was a warranty or condition, but a term of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authorit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misrepresentation
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> 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 term, then the normal remedies for breach of contract apply. Factors that determine whether or not a representation has be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong 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 jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Television Commercial
A television advertisement (also called a television commercial, TV commercial, commercial, spot, television spot, TV spot, advert, television advert, TV advert, television ad, TV ad or simply an 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 adve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
