Part the buyer for a specific amount agreed

Part A

The
sale of goods 1979 is the act of parliament, which governs the exclusion
clauses in business to business transactions. It adjusts in the contract where
the goods are sold and bought (English contract law and UK commercial law). It
is a specific type of legal contract which, in order to be fulfilled, must be
exchanged of goods by the seller to the buyer for a specific amount agreed upon
or the promise to cover part of it. It was replaced by the Consumer Rights Act
on the 1st of October 2015, but it was not abolished because they used it in
the product, which was bought on or before the 30th of September
2015.  

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The
differences between condition and warranty in business law are that the word
‘condition’ is meant that one requirement or event must be carried out before
the integration of another action. By contrast, a warranty is a safety when a
new product is bought and it is given by the seller to the buyer in reference
to the state of the product. The term
condition is defined in section 12(2) of the Indian Sale of Goods Act 1930,
whereas warranty is defined in section 12(3) of the Indian Sale of Goods.(plagiarism)
The condition is essential to the theme
of the contract while the warranty is auxiliary (Paraphrase). The breach of
any term may lead to the expiration of the contract, while the breach of the
guarantee can lead to the cancellation of the contract. Breaking a condition
means breaking a warranty too, but that does not apply in the case of the
warranty. In the case of breach of
condition, the innocent party has the right to rescind the contract as well as
a claim for damages. On the other hand, in breach of warranty, the aggrieved
party can only sue the other party for damages (plagiarism).

The lawful termination of a contract obstructs the
achievement of its objectives due to unforeseen circumstances, renders its
performance illegally or renders practically impossible to carry out. Usually,
the main reasons that could cause are by accident, change of law, fire, the
disease of one of the parties, third-party intervention. The disappointment of
a contract justifies non-execution and automatically rejects the contract
expected where the terms of contract override this implied legal provision.

Wrong
statement of circumstance made by one party before or at the time the contract
is made which influence the other party to enter into the agreement is called a
misrepresentation. There are three types of misrepresentation: fraudulent,
negligent and innocent misrepresentation. A fraudulent statement is made up of
a false statement of a fact made by a party in the contract with the other
knowing that it was false or irrelevant does not matter whether it is true or
false. A misleading negligence is the false statement of a fact made by an
agreement in the contract and has no reason to believe that the statement was
true. Last one is an innocent misrepresentation which is made by a false declaration
by a party to the agreement that believes it to be true and who has reasonable
reasons to believe it was true.

Section 14(2A)
describes the conditions that goods should be in and the requirements that they
should meet. For example, price and description should be of satisfactory
status to a reasonable person. Section 14(2B) of the Sale of Goods Act 1979
(SOGA) refers to the quality and expresses how the goods supplied should fit
its’ purposes which may be the way they appear, not having minor defects, the
fact that they are both safe and have durability.

Part B

The case of
O’Brien v MGN Ltd (2001) EWCA Civ 1279 is a civil case because it is between
individuals. Each week the newspaper has a contest where it gives to readers
the chance to win the amount of 50000. This amount is earned by one or two
people. Mr. O’Brien decided to buy the newspaper to participate in the
gambling. Game rules have not been published in the newsletter so that
newcomers know that if there is more than one winner there is a draw for the
winners to come out.  So Mr. O’Brien
requested from the newspaper the amount of 50000. He claimed that since the
regulations were not made public in the newspaper on the day of purchase, there
was no contract between them. In addition, he stated that he had to be given
the amount of 50000 pounds since he normally met the criteria and the newspaper
itself had not kept the regulations in the attention of the newcomer. On the
other hand, the newspaper claimed that the regulations were written in a
reference to the words ‘Normal Mirror Group Rules Apply’ and were sufficient in
the contract. They also reported that the regulations were often published in
the newspapers and were also written in their offices where readers could read
them.MGN Ltd won the case. Interfoto Picture Library Ltd V Stiletto Visual
Programmes Ltd 1989 QB 433 is the example, which provided used in this case.

Part C

The
three ways in which exclusion clauses are incorporated into contracts at common
law is by signature, by reasonable notice and by course of dealings. In
incorporation by signature, the terms are included in a document at the time of
the agreement although they may even have not read them. One example is L’Estrange
v Graucob Ltd 1934. L’Estrange purchased cigarette machine from Graucob which
was defective, but the agreement had an express clause stating that ‘This
agreement contains all the terms and conditions under which I agree to purchase
the machine specified above and any express or implicit condition, statement,
or warranty, statutory or otherwise not stated here in is hereby excluded ‘.
The Court of Appeal held that Graucob was binding as long as the term was in
the contract and L’Estrange did not correctly read the agreement and signed.
The second is incorporation with reasonable notice, which can be included in
the contract when the party is informed about it and really knows what it is.
An example of the above clause is Parker V South Eastern Railway (1877) 2 CPD
416. Parker paid to leave his bag in a cabin of South Eastern Railway (SER). On
his ticket and in the wardrobe, SER had been advised that he would not be
responsible for any deposit that would exceed 10 pounds in value. The bag
exceeded the 10-pound cash and was lost. He claimed that he did not notice the
wardrobe notification and thus did not read the terms that were written on his
ticket, but he believed it was evidence of his deeds. Ser claimed that it does
not matter if Parker had read the notification from the ticket because a party
of it could be committed by contract regardless of its terms. They also said
they did what they could to bring customers’ attention to the conditions. The
judge took the decision that Parker was not bound by conditions he did not read
because he was insufficient. Parker would be bound if he knew the terms were
printed on his ticket and would be obliged to provide the committee with
satisfaction that he had been given adequate notice. The last one, incorporation
is with course of dealings. When members agree previously on the basis of the
exclusion clause but are incorporated into a later agreement.  Spurling V
Bradshaw 1956 1 WLR 461 is the example of exclusion clause.  Bradshaw sent to Spurling 8 barrels of orange
juice to keep them in his warehouse. Spurling sent Bradshaw his proof of the
storage conditions. One term that was in the clause was that it was not
responsible for any damages caused by their carelessness. Bradshaw delayed
giving the money to Spurling and so he took an action to collect the amounts
due. The orange juice broke down and was no longer useful, so Bradshaw refused
neglect. Bradshaw reported that Spurling was careless and violated the serum to
take care of the butt because he let them out and the orange juice was vitiated.
He also claimed that he did not qualify for the exemption clause and that
Spurling would not be able to rely on it. ?n the other hand, Spurling refused
to neglect and said the clause came to Bradshaw and was clear in its meaning.
Although Spurling did not accept that they were negligent, they could rely on
the exception clause to avoid responsibility. The exemption clauses are used to
protect the individual only when he performs his contract.

Part D

A
binding agreement is in the form of a written agreement between two or more
persons, which has the essential elements of the contract but requires both a
capability and a legal purpose. The essential elements of a contract are its
proportionate obligations (offer and acceptance), terms and valuation. The
proportionality of the obligation is divided into tender and acceptance. The
offer is when a contracting party proposes some kind of exchange with another
party. Acceptance is when the obligation agrees with the terms of the bid. Certain
terms imply that the terms of the contract are precise and that it is for the
court to be in a position to examine the bargain and to determine the
obligations of the parties. Examined what the parties agree to exchange. The
exchange must be in value, but it does not need to be a material or monetary
element. Examination can be an action that no one is legally obliged to
undertake. The parties must be able to conclude a contract and its purpose must
be lawful because otherwise the contract may not be considered binding. An invitation
to treat is when a customer calls contractors to offer him. On the other hand,
an offer is when the customer offers work in a job without advertising the job.
For example, when the customer finds work on the internet, it is usually an invitation
to treat rather than an offer. The offer only arises when the customer examines
the tenders he has received from the contractors and selects a tender. Making an
invitation to treat rather than an offer protects the customer from finding his
own who agrees to a contract that he can not fulfill. On the contractor’s
offer, the customer may refuse for various reasons. This can be a very
important protection for the customer who makes the offer if the job advertisement
offers a long distance, for example through the newspaper or the internet. You
always know that each website, advertising makes it clear that it is a request
for invitation to treat and not for an offer.

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