We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Topic4 - Essay Example

Comments (0) Cite this document
Summary to essay on topic "Topic4"
Terms of a contract are important to understand the intention of the parties to the contract. The terms can be oral or in writing or both which are express terms. Besides, there can be implied terms determined by customs, usage, statutes or case law. Terms discussed prior to making of a contract are not binding on the parties except those that are made in the form of representation inducing a party to enter into contract…
Download full paper
Polish This Essay
Read TextPreview

Extract of essay "Topic4"

Download file "Topic4" to see previous pages... At first, Sam without mentioning details of how the launch was going to be made, merely quoted @$75 per head for 100 delegates and a venue fee of $ 2500 thus totaling the contract amount as $10,000. Dean was unimpressed and hence declined Sam's offer. It was only after this; Sam mentioned that a famous Chef Yahoo Nim would attend the event and that a special promotional invitation on Oh My Manor's letter head would be prepared and sent by Sam to the 100 delegates three weeks before launch date.
Let us write or edit the essay on your topic "Topic4" with a personal 20% discount.. Try it now
Besides, he also promised to use his own influence to ensure attendance. Dean was apparently induced by these statements of Sam and agreed to Sam's price quoted following which he paid an advance $ 3,000 and received the receipt from Sam mentioning only the price and how total sum was arrived at. Hence successful performance of the contract means that the celebrity Chef Yahoo Nim should have prepared the food and attended the function, Sam should have sent the invitation as stipulated and 100 people should have attended by Sam's influence. But none of these happened resulting in poor attendance of 35 people since only 45 invitations were sent. These can not therefore be a mere parol evidence. These are express terms and hence should be taken as collateral contract though made orally. The collateral contract concept is a device to circumvent the Parol Evidence Rule but also as a means of holding that a statement which is not a term of the main contract can be enforced as a collateral contract i.e. collateral warranty. Some of the cases which can be cited in support of this are ESSO PETROLEUM V MARDEN (1976), DE LASALLE V GUILDFORD (1901), RECORD V BELL (1991) and COMMISSION FOR THE NEW TOWNS V COOPER (CA) (1995) (TheLawsite). Hence Sam is bound by these terms and is liable for damages for breach of contract. Dean is not required to pay the balance amount of $7,000 and he can proceed against Sam for damages for his breach of contract since pressure of work is no excuse.
Qn 2
Zander mad it known to Puffy his exact requirements to which Puffy also agreed. Hence the software supplied by Puffy is not in accordance with the terms agreed upon prior to signing of contract Zander signed the contract only on being assured that the software would meet with all the current Government regulatory requirements. But for this he would not have signed the contract. But there is a point against Zander. What Puffy was making was only an opinion and not a condition or representation. She offered him three packages and Zander chose one. It was open to him to verify and then make a purchase. Even though before signing of the contract, Zander insisted, he chose the package at his own risk. If the software package had been a defective one, it would have been a different issue. Hence Puffy is in not breach of contract and consequently Zander is not entitled to refund of the money paid.
Qn No 3
In this case, even though Zander did not read the clause No 53 which avoided any liability whatsoever, he is deemed to have read it due to the explicitly mentioned clause on the website. This is an exclusion clause binding on the acceptor. In its absence, the offeror would have been liable for the non-performance or defective performance. In ...Download file "Topic4" to see next pagesRead More
Cite this document "Topic4"
  • APA
  • MLA
(“Topic4 Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Topic4 Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/miscellaneous/1506658-topic4
(Topic4 Essay Example | Topics and Well Written Essays - 1000 Words)
Topic4 Essay Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/miscellaneous/1506658-topic4.
“Topic4 Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/miscellaneous/1506658-topic4.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
Psychology and Health Problems
For example, a cardiovascular disease like coronary heart disease was believed to have been caused mainly by biological factors. So if the incidence of heart disease runs high in the family, younger family members would soon expect to acquire the disease.
4 Pages(1000 words)Essay
Capital structure analysis
Now, IST is supposed to raise capital worth $500 million in order to build a fresh production facility. In the occurrence of a financial distress, the company would experience a great loss of both consumers as well as engineering talents. If IST takes a debt of $500 million, the managers of the company are afraid that the present value of the cost of financial distress would be more than the tax benefits by an amount of $20 million.
3 Pages(750 words)Math Problem
E-commerce: Website Analysis
71). At the present, all the business organizations are well familiar with the importance of the internet. Thus, they are using it as a fundamental instrument or technology for extending their reach to international markets and dealing customers in an effective way (Summers, Gardiner, Lamb, hair, & Mcdaniel, 2003, p.
6 Pages(1500 words)Essay
Article analysis about organization effectiveness
In IBM the specific problem has been addressed by incorporating social tools in the firm’s daily operations. This strategy is analyzed in the 2012 CEO Study of IBM, as explained in the article of Ed Brill, published in October 2012. As noted in the article, in IBM, as also in other firms worldwide, organizational effectiveness is highly related to collaboration (Brill 2012).
3 Pages(750 words)Essay
Most resistance to change
Therefore, no matter whether change is objective, small, or major, change managers must anticipate some resistance. Resistance to change shows in various ways from lack of cooperation, poor implementation of procedures among others. Thus, it is important to understand the reasons why people resist change so that managers should plan strategies that would reduce resistance (Harvey & Broyles, 2010).
6 Pages(1500 words)Essay
Mechanisms That Would Bring About Macroeconomic Equilibrium
Firstly, the money supply and the interest rates is an important factor in this regard. The amount of money circulating in the economy and the interest rates being charged by the government and those fixed by the banks; both national and international. Thirdly, the exchange rates are worthy to mention here.
2 Pages(500 words)Essay
Base Isolation of Structures
A rational methodology to evaluate behaviour factors for base isolated structures (BIS) code design is presented here. Along with this the influence of several parameters on the ultimate behaviour of BIS has been analysed. In the outset I must express my heartfelt thanks to my learned Guide who helped me a lot with timely directions and advice to complete this assignment well in time.
20 Pages(5000 words)Essay
Behavioralism in Comparative Politics
According to the report the understanding of political phenomenon depends on the set of interrelated concepts to interpret the world. These concepts are not objective realities but analytical tools. That is why researchers give a great attention to the assumptions that underlie their approach to the subjects.
6 Pages(1500 words)Essay
Nursing Theory Critique
Abdellah stressed on the society in terms of planning for optimum health on local, national and international levels. Abdellah highlighted some nursing problems and gave suggestions on how to solve those issues. These concepts related to each other in the sense that health
1 Pages(250 words)Essay
Let us find you another Essay on topic Topic4 for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us