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Difference between revisions of "Contracts for Sale of Goods (11:III)"
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Contracts for Sale of Goods (11:III) (view source)
Revision as of 00:16, 15 June 2016
, 00:16, 15 June 2016→c) Implied Condition of Compliance with the Description: s 17
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
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Although s 17 cannot be excluded in retail sales of new goods, it may be excluded in private or commercial sales, subject to the ''contra proferentum'' rule. The ''contra proferentum'' rule states that a contract, if ambiguous, is construed as against the party who wrote it. Where a standard form contract is used, it is construed as against the party who offered it. | Although s 17 cannot be excluded in retail sales of new goods, it may be excluded in private or commercial sales, subject to the ''contra proferentum'' rule. The ''contra proferentum'' rule states that a contract, if ambiguous, is construed as against the party who wrote it. Where a standard form contract is used, it is construed as against the party who offered it. | ||
A sale by description may also raise s 18(b) issues (see Section III.C.1.e: Implied Condition of Merchantable Quality). | A sale by description may also raise s 18(b) issues (see [[{{PAGENAME}}#e) Implied Condition of Merchantable Quality | Section III.C.1.e: Implied Condition of Merchantable Quality]]). | ||
==== d) Implied Condition of Fitness for Buyer’s Purpose: s 18(a) ==== | ==== d) Implied Condition of Fitness for Buyer’s Purpose: s 18(a) ==== | ||
Under s 18(a), if: | Under s 18(a), if: | ||