Implied warranty

Implications of implied seaworthy in voyage charterparty Under the law of carriage of goods by sea, the cargo owner intending to ship goods wants use of an entire vessel for some purpose, he might wish to enter into direct6 contract with the shipowner for the charterer of latter’s ship that called Charterparty. For the use for a certain voyage, it is called voyage charter. Voyage charter is used for a single voyage or a series of voyages. Under a voyage charter, the charterer shall hire the…

Brand Loyalty and Trust Arguments regarding brand loyalty have been occurring across the country for decades. They argue about which company makes the best truck, Ford, Chevy, or Dodge. They argue about which sports car is better, Ford Mustang, Chevy Camaro, or the Dodge Charger. They even argue about which beer is best. Companies relying on brand loyalty is nothing new, but sometimes they take brand loyalty for granted. Some companies decide to alter their product to the point that it is…

Floidex has breached the express terms of clause 7.1 and 7.1.4 of its Standard Terms and Conditions (sale of Goods) (the Terms) and the implied term of section 14(2B) of Sale of Goods Act 1979. Under clause 7.1 and 7.1.4 of Floidex express Terms, Floidex warranties the quality and fitness of its consignment; this may impose liability on Floidex. Moreover, the implied term…

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the Sales of Goods Act 1896 (QLD) which present conditions and warranties in relation to quality and merchantability (Government Q. , 2016). Implied terms can be displaced by counter intention appearing in the contract between parties. This means that in practice, many sales of goods contracts have had displaced provisions. There are five essential elements…

disclaimer part of the contract: (1) is it expressly set out in a written contract that has been signed by the parties? (2) It is expressly brought to the attention of the party by reasonable notice given before the contract was formed. (3) It is implied into the contract as a result of prior dealings between the parties (James, N 2014, p309). 2. How will the disclaimer be interpreted? Any ambiguity in the interpretation of the clause goes against the party seeking to enforce the…

Harry should have been honest not only because lying is wrong, but because he is held to a higher standard by the law. Furthermore, Harry breached the implied warranty of merchantability which states that goods must be of at least average, passable quality in the trade. The car he deceptively sold to Miss Trunchbell barely had any life left. Harry made it his career to break Section 5 of the Federal Commission…

Strict Product Liability The Calles v. Scripto-Tokai Corp. case is about a mother, Susan Calles, suing Tokai Corporation the designer of the Aim ‘n Flame lighting rod and Scripto-Tokai Corporation the company that sold the product. This lawsuit happened after Susan’s daughter, Jillian, died from smoke inhalation due to a house fire caused by her other five year old daughter, Jenna, lighting the Aim n’ Flame lighting rod. On the court listener is states that Susan Calles sued, “alleging that…

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The Appropriate court for this lawsuit will depend on several factors. The three important considerations include: 1) Personal jurisdiction is the courts power to render a decision affecting rights of a person. 2) Subject matter jurisdiction will determine which court system, state or federal courts, will hear this case. 3) What minimal contact are or are not established. In this case, the subject matter was presented to the State of New York court system. Providing long arm statutes with…