Difference between revisions of "Clinician Guide for Consumer Transactions (11:X)"
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== B. Check the Form and Terms of the Agreement == | == B. Check the Form and Terms of the Agreement == | ||
*The terms of a contract should refer to such things as quality, terms of payment, and the time at which title is transferred. | * The terms of a contract should refer to such things as quality, terms of payment, and the time at which title is transferred. | ||
*The terms may be construed either as conditions, warranties, or innominate terms. The rights and remedies of the buyer will depend on how the | |||
*The form of the agreement(s) can be legally important. If there is a contract in writing, what is said about the subject matter of the contract may be characterized as representations or as terms of the agreement. | * The terms may be construed either as conditions, warranties, or innominate terms. The rights and remedies of the buyer will depend on how the terms of the contract are classified. This is discussed at length in [[Contracts for Sale of Goods (11:III)|11:III Contracts for the Sale of Goods]]. | ||
*Some contracts are statutorily required to be in writing, and moreover, some require that the writing conform to a strict format that is laid out either in an Act or by Regulation. The ''BPCPA'' is very strict on the form required for some contracts, as explained in detail in that section. | |||
* The form of the agreement(s) can be legally important. If there is a contract in writing, what is said about the subject matter of the contract may be characterized as representations or as terms of the agreement. Under s 8(1) of the ''SGA'', it states (with qualifications) that a contract may be partly in writing and partly by word of mouth or may be implied by the parties’ conduct. | |||
* Some contracts are statutorily required to be in writing, and moreover, some require that the writing conform to a strict format that is laid out either in an Act or by Regulation. The ''BPCPA'' is very strict on the form required for some contracts, as explained in detail in that section. | |||
== C. Determine Whether the Contract Complies with the Statutory Requirements == | == C. Determine Whether the Contract Complies with the Statutory Requirements == | ||