CLAW1001 Study Guide - Dangerous Goods, Volvo S80, Safeway Inc.
30 Jul 2015
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Document Summary
Contract (k): an agreement between two or more persons, which is legally enforceable and legally binding. These are terms expressly stated by the parties and those that have been agreed on. For example, those set out in an offeror"s offer or the k parties sign in a major commercial agreement. Exception: unless statute requires, the k need not be written nor contained in one document (various k documents, terms on website/parking ticket/sign and pre-contractual statements). Thus, it is not always clear what the terms of the k are. Pre-contractual statements: a (verbal) statement made by a party during negotiations. Issue: if it is later incorrect, the party can only sue for breach of k if the statement is a term. If not, the statement will have no contractual force. Puffs: statements not intended to be taken seriously based on the objective test (no contractual force). Representations: statements intended to induce a party to the k, but which not guaranteed.
