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CONTRACT
contractual term is
any provision
forming part of a contract.
Terms are therefore promises capable of
enforcement. When a party to a contract
makes a statement prior or at the time of
contracting with which he intended to be
bound, such a statement becomes a term
of the contract and is legally enforceable.
The determinant factor is the intention of
the parties at the time of making the
statement as viewed objectively.
A termterm
of the
which if
Essential
andcontract,
General
breached, by any of the party to it, the
Terms
substantial performance of the contract is
Where
the
future
event
is
a
combination of both these two condition, it
is a mixed condition.
Conditions or warranties.
In a contract there may be various terms or
Warranty
If the stipulation is not essential to the
INTERMEDIATE TERMS
It may be impossible to classify a term
find outterms
nature.????
Please note.
There is no hard and fast rule that which
When in case
of happening of uncertain
Resolutive
Condition
future event the operation or consequences
of a contract are dissolved or the contract
1. Exemption Clause in a Signed Document The general rule is that a person who signs a
Document
following things:
Prior notice the offeror must give offeree
reasonable notice of the existence of the clause.
Contemporaneous notice. The offeror must draw
the attention of the offeree to the existence of
the clause contemporaneously to the making of
the contract:
See: Olley v Malborough Court Ltd [1949] I ALL
127
Illustrations:
It is not every exemption clause that will absolve the