塔罗师学院
塔罗牌占卜师的摇篮

11. Where a Stipulation in a Contract Is Essential to the Main Purpose of the Contract It Is Called

Provided that, in the case of a contract for the sale of a particular object under its patent or other trade name, there is no implied condition as to its suitability for a particular use. Thus, in this context, ownership and possession are two different concepts, and these two concepts can sometimes remain separate with two different people. A provision of a contract of sale relating to goods covered by this contract may be a condition or a guarantee. A condition is a provision essential to the main subject-matter of the contract, the breach of which gives rise to a right to treat the contract as rejected. A guarantee is a secured provision for the main subject matter of the contract, the breach of which gives rise to a claim for damages, but not a right to reject the goods and treat the contract as excluded. [4] Whether a provision of a contract of sale is a condition or a guarantee depends on the design of the contract. A provision may be a condition, although it is mentioned in the contract as a guarantee. In the following cases, a contract is not avoided even due to a breach of a condition. A contract contains terms or conditions. Some provisions may be essential to the contract, while others may be a warranty or ancillary to the contract. An essential contractual provision is called a “condition”.

What is guaranteed or ancillary to the contract is called a “guarantee”. The sole purpose of a sale is to transfer ownership of the goods from the seller to the buyer. [6] It is important to know the exact moment at which ownership of the goods passes from the seller to the buyer for the following reasons: If a different intention arises from the terms of the contract, the determination of the moment is not considered essential for a contract of sale, whether another provision in time is essential to the contract or not, depends on the terms of the contract. (b) Subject to the provisions of any law that is provisionally applied, a purchase contract may be derived in writing or by word of mouth or implicitly or implicitly from the conduct of the parties. · Condition: Whether the provision constitutes the actual basis of the contract or is essential to the main purpose of the contract. it is a condition. Breach of the condition gives the injured party the right to treat the contract as rejected. Thus, if the seller does not meet a condition, the buyer can treat the contract as rejected, reject the goods and, if it has already paid for them, and claim the price. He can also claim damages for breach of contract. A gives B an order for the delivery of machine parts strictly according to the sample, the delivery must be made within three months.

Now, the delivery of parts strictly according to the model is an essential condition, while delivery within three months is a guarantee. Time is not essential for the purposes of the contract. If B therefore does not deliver the parts of the machine strictly according to the samples, A may reject or reject the goods and also claim damages. However, B delivers the pieces later than three months. A can only claim damages in case of late delivery, but he can not terminate the contract. (2) If such a third party is prevented from evaluating by the fault of the seller or buyer, the non-culpable contractual partner may bring an action for damages against the fault. âA contact of the sale of goods is a contract in which the seller transfers or agrees to transfer ownership of the goods to the buyer at a price. There may be a purchase contract between one party – owner and another” [§ 4 para. 1]. It appears that the term “contract of sale” includes both a sale in which the seller transfers ownership of the goods to the buyer and a contract of sale in which ownership of the goods is to be transferred at a later date or under certain conditions to be fulfilled at a later date.

(i) Bilateral treaty: This is a bilateral contract because ownership of the goods must pass from one party to another. A person cannot buy the goods himself. (1) The price of a contract of sale may be determined by the contract or may be determined in the manner agreed with it or determined by the course of the relations between the parties. The contract for the purchase of goods is a contract in which the seller transfers or accepts ownership of the goods to the buyer at a price. However, if the transfer of ownership of the goods is to take place at a later date or under certain conditions to be fulfilled, the contract is called a “purchase contract”. The provisions relating to the delivery period are generally an essential part of the contract. . . .

赞(0) 联系微信
未经允许不得转载:塔罗师学院 » 11. Where a Stipulation in a Contract Is Essential to the Main Purpose of the Contract It Is Called
分享到: 更多 (0)

相关推荐

  • 暂无文章

塔罗牌在线占卜

快速开始

塔罗师一对一占卜咨询

微信扫一扫打赏

');