Thursday, October 17, 2019
Legal Systems and Contract Law Essay Example | Topics and Well Written Essays - 3000 words
Legal Systems and Contract Law - Essay Example Vindication becomes critical mechanism to compensate victims for dereliction of duty and examine contract for awarding appropriate damages2. The established clauses for breach of contract in sale of goods are: Non-performance of contractual duties, in terms of delivery of goods at the designated place. In the contract, the importance of implied terms becomes critical constituents of contract per se. They are not explicitly agreed upon by the parties but are implied by knowledge and therefore, legally binding3. The implied term proposes that the agreement or contract enables the other party to benefit from the contract as intended4. In the case, the judge had ruled out that the general rule of the contract interpretation is not as important as the intention of the parties that is manifested within the contract. Indeed, partiesââ¬â¢ duty to cooperate is fundamental obligation which entitles the other party to benefit from the contract. Thus, the seller must make efforts to comply with reasonable requests which is not written but implied explicitly orally and by expression. The contract was made between two parties which were based in two different countries. As such, the physical delivery of goods at the correct destination become important factor for the buyer for achieving desired business objectives that are intended to be served by the contract. Delivery details of the goods as proposed within the contract by Metalique are distinct in their date of delivery but not in the destination. The seller was aware of the plans of buyer and therefore, supply of the same should conform to the plans of buyer. As such, it can be correctly inferred that Metalique had prior knowledge of the manufacturing site of Amethyst at Aberdeen, where the goods were required to complete the production of sports cycles. Thus as per the contractual terms and destination of
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