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Critically appraise whether recent judicial decisions reinforcing - Coursework Example

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The Battle of the Form Author Course grade Institution 28th January 2012 Introduction The battle of the reforms means a legal scenario which is under contract law1. The contract law requires the parties involved to have good contract agreement terms…
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Download file to see previous pages Most of the businesses use forms that have special terms and standard legal language on backs or bottom of the documents governing sales and purchases. This is more so to the business men who focuses more on the commercial transactions than legal doctrine. When the recent judicial decisions are used, the court uses the first and last short approaches in determining the effectiveness of the contract. In practice The boilerplate language is classically in small print, covering business contingencies which arise rarely2. Through the application of the recent judicial decisions, some major disparities are identified in the legal doctrine resulted from discrepancies in some conditions that accompany replies and offers3. This case is similar to the case between Mr. Jones, company by the name of CMP and Ricoh [Ricoh UK Limited v Jones (2010) EWHC 1743 (Ch). According to the agreement, no one was supposed to have any contact with any client except through Ricoh. Mr. Jones had no reciprocal obligation to deal with the clients without Ricoh. Later there arose a dispute over tenders to supply MFDs outside the country for a company which had been a regular customer for CMP.4 The court dismissed this on the basis that, the parties were operating on the same levels of distribution chain. The Uniform Commercial Code has much consideration on the offers accepted when the sellers sends written confirmations of acceptance to the buyer5. Another similar cases involved Manchester CC v Gibson [1979] 1 WLR 294. Gibson was an occupier and tenant of a council house and he wished to purchase the house under the “right to buy scheme”. He received a letter from the council informing him of the willingness of the council to sell the house. Later, the political control of the council changed resulting to revoke of the policy of the right to buy. It was held by the House of Lords that the council never made the offer to sell and, therefore, there could be no valid acceptance. 6 The above scenario can also be related to a case of Manchester CC v Storer 3 All ER 824. In the case, the council had sent an application to purchase a house which was about to be completed. When he completed the form as the instructions required, the council refused to sign and to return the application as they had agreed. When the case was taken to the court, the judge held that, the contract was formed.7 The judicially and the international legal community have tried to find satisfactory ways of deciding the terms of controlling an agreement.8 Another similar case involved Ex- Cell- O corporation (England) Ltd v Butler machine Tool Co. Ltd [1979] 1 WLR 401. Later, a dispute occurred when each company used separate standard form. One company used a form with a price variation which had a clause while the other company used a contract form without a price variation clause. In the case, the House of Lords held that, the contract was based on Ex- Cell- O corporation’s terms because it had included an acknowledgement strip which was signed by both parties.9 According to Section 2(207) of The Uniform Commercial Code10, it is assumed that the merchants do not read or understand the terms which are contained on the exchanged forms between the parties involved. This section of contract Law is similar to Article 19 of CISG which emphasizes on the irresponsibility of the merchants for getting clear information of the contract agreement11. In 1975, the United States Court resolved a case between Manning Fabrics Inc. 441 F. Supp., and Lea Tai ...Download file to see next pagesRead More
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