Search results
Results from the WOW.Com Content Network
Terms implied "in law" are confined to particular categories of contract, particularly employment contracts or contracts between landlords and tenants, as necessary incidents of the relationship. For instance, in every employment contract , there is an implied term of mutual trust and confidence , supporting the notion that workplace relations ...
In England and Wales, an appeal court ruling in 2010 confirmed that the phrase "terms and conditions available on request" could create a binding obligation to comply with the terms. In Rooney v CSE Bournemouth Ltd. , an aircraft-owner whose plane was covered by a maintenance work order issued using this terminology, argued that wording was not ...
An acceptance is an agreement, by express act or implied from conduct, to the terms of an offer, including the prescribed manner of acceptance, so that an enforceable contract is formed. [ 2 ] In what is known as a battle of the forms , when the process of offer and acceptance is not followed, it is still possible to have an enforceable ...
Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. Condition or Warranty. [2] Conditions are terms which go to the very root of a contract. Breach of these terms repudiate the contract, allowing the other party to discharge the contract.
Implied terms are fully enforceable and, depending on the jurisdiction, may arise as a result of the conduct or expectations of the parties, [f] by virtue of custom (i.e. general unspoken norms within a particular industry), or by operation of law.
Incorporation of terms in English law is the inclusion of terms in contracts formed under English law in such a way that the courts recognise them as valid. For a term to be considered incorporated it must fulfil three requirements. Firstly, notice of the terms should be given before or during the agreement of the contract.
The Act extends the reach of implied conditions first laid out in the Sale of Goods Act 1893. Section 1 replaced Section 12 of the 1893 Act, containing three types of implied undertakings to title ; a condition that the seller has the right to sell, or will when the property has passed to him, a warranty that the goods have no additional costs ...
Breach of these terms by the seller may give rise to an action for damages, and in the case of those terms which are also conditions, termination of the contract. Where the slightness of the breach renders it unreasonable for a non-consumer buyer to reject the goods, for breach of the implied terms as to description , quality or fitness or ...