BU231 Study Guide - Final Guide: E-Commerce, Wrongful Dismissal

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16 Oct 2011
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Implied terms- reasonableness & custom, sale of goods act. When there is unclear terms we go with the party who had nothing to do with making the terms. Title s. 13 you are the owner and you can sue for breach of contract. Description s. 14- if the product you get is not what the description says is a breach of contract. Sample s. 16- you are allowed to open the packaging of a good to inspect it. This act says you cannot say that you are not liable for any injury. Information about negotiations outside the written contract. Examples: earlier drafts of the contract, previous offers, letter, emails, phone messages. This is often used to prove misrepresentation, duress, mistake etc. This evidence may not be used to add a term to an existing written contract. Written contracts is not the entire agreement. Outside term is a collateral contract (has its own consideration)