Technology Has a Negative Effect on Interpersonal Communication. Do You Agree?

Essay form Tutorial 4

1 (a) Clause 1, 2, 3, 4, 5.

(b) There is a term implied by fact that the collections should take place only during office hours.

(c) Express terms: 1-condition

2-condition

3-condition

4-warranty or even innominate term

5-warranty.

Some of the above categorisations are subject to debate so feel free to disagree.

Implied term: collection during office hours – warranty

Clause 6 will change all warranties and innominate terms into conditions because the parties have agreed that all terms are conditions.

(d) Clause is an exclusion clause. It seeks to exclude the seller's liability in respect of breach of implied terms. In this case, the breach relates to the implied term on satisfactory quality. The court will treat the exclusion clause as being part of the contract because it was found in a signed document. However, UCTA may give protection.

Students to analyse facts to determine whether the buyer is a consumer or business party. If the buyer is a consumer, the UCTA forbids the exclusion of liability for beach of the implied term as to satisfactory quality. If the buyer is a business party, the seller may exclude liability if it is fair and reasonable to do so. Whether it is fair and reasonable would depend on the considerations of the factors given by UCTA to determine fairness and reasonableness. More likely that buyer is a business party as he is buying 50 units. Not conclusive but indicative of a business traction.

(e) Go through the 5 Parts with the students. Point out that for the execution component the seal of the companies is missing. Also the designation of Toby is missing. Does this contract require another authorised person's signature? Students may be told that for certain types of contracts a company seal may not be necessary or just the MD alone can sign the contract but it is always best in such cases to secure a written statement from the company that the seal is not necessary or the MD is authorised to sign the contract on his own. Sriven will be acquiring 3 seals with Toymakers Pte Ltd on it. Please obtain the seal from him and allow the students to stamp the seal at the appropriate place on the Rocky Martin contract.

Explain to the students also how a company seal is different from a seal required in a speciality contract.

2 For condition, term should indicate that it is vital to the contract and for innominate it should show that it cannot be classified

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