Conditions of an Istisna contract 1. A contract of Istisna is binding on the contracting parties provided that certain conditions are fulfilled, which include: • Specification of the type, kind, quality and quantity of the subject-matter to be produced. • Price of the subject-matter must be known and the delivery date must be determined. • Customer has the option to accept or to refuse the subject-matter. If it does not conform to the specification agreed upon. 2. It is not allowable for the manufacturer to stipulate in the contract of Istisna that he is not liable for defects. Conditions of an Istisna contract related to agency : 1. It is permissible for the institution acting in the capacity of the ultimate purchaser to appoint, after taking possession of the subject-matter, the manufacturer as an agent to sell the subject-matter to latter’s customers on behalf of the institution. …show more content…
This agency is permissible whether it is carried out free of charge, or for consideration either in the form of a fixed fee on condition that the contract of agency and the contract of Istisna were not entered into in connection with each other. Conditions of an Istisna contract related to Parallel Istisna: 1. It is not permissible to sell the subject-matter to taking either actual or constructive possession of it. However, it is permissible to conclude an Istisna contract to sell an item on the basis of description or specification that is similar to an item to be acquired from a manufacturer and this is called Istisna al- Muwazi (parallel Istisna.) 2. It is not permitted to make any contractual link between the obligations under two contracts (the contract of Istisna and contract of parallel Istisna) when they are concluded. 3. Therefore it is also not permissible for a party to an ordinary Istisna
It was a term of the contract that the agent was not to sell goods supplied by anyone other than the principal. The agent sold other goods and was dismissed.
3. NuTech Company agrees to sell computer equipment to Office Stores, inc (OSI) for OSI to make to its customers. Their construct will be unenforceable if it does not include: the quantity of the goods.
c. Only after conduct that shows the buyer 's willingness to become owner of the goods.
WHEREAS, the Seller desires to sell to Buyer, and Buyer desires to purchase from the Seller, the Aircraft; and
u. P2) This implies that the seller who intends to enter a contract with a customer has a duty to disclose exactly what the customer is buying and what the terms of the sale are.
2. In addition, under the rules of UCC § 2-315, (Fitness for Particular Purpose) any cooperation or business that violated an implied warranty of fitness shall be responsible for: At the time of contracting knows a buyer’s particular use (and the buyer relies on the seller’s expertise or judgment in choosing the product) then an ‘implied warranty of fitness has been created.
“Agency relationships can only be created by the mutual consent of the parties. Thus the creation of the agency relationships essentially involves two steps: (1) manifestation by the principal and (2) consent by the agent” (Sharp, Moorman and Claussen, 2014). Len Bias and Advantage International Inc., entered into an agreement near the end of his career at Maryland. The relationship between a
The parties agree and understand that Contractor is an independent contractor for all purposes and is not an employee of Company. No rights or benefits of employment apply to the relationship between the parties. The parties also agree and understand that the Contractor controls the means and methods of performance under this Agreement. Neither the Company, nor any of its representatives, has
P2 EXPLAIN THE LAW IN RELATION TO THE FORMATION OF A CONTRACT IN A GIVEN SITUATION
(3) the buyer’s obligation to the seller would not be changed by theft or damage to the product.
Whenever a contract is made with another party we always must make sure that the contract itself is valid so that when a problem occurs you are able to rely on it. In this case problem we will see how an oral contract can be categorized as valid or invalid. Some rules of laws that will be applied are the Statute of Frauds, the unilateral contract rule, bilateral contract rule, and promissory estoppel.
The second requirement that needs to be fullled by the parties in the contract is the
c) Special Legal Considerations would be another alternative for this issue. Inspection Rights, if a purchaser has not inspected the purchased material to ensure that it conforms to the terms of the contract, the law gives him or her a reasonable period of time to inspect the material after it is received. If the purchaser raises no objection to the material within a reasonable period of time, he or she is deemed to have accepted it.
Introduction: In this assignment I will go over a few legal terms in relation to contract law. I will also talk about a few precedents that help explain the law.
ANSWERS TO QUESTION 1 OF CONTRACTS EXAM Exam 5003 – AThe letter sent by B was an offer. An offer may be defined as a communication, having sufficient definiteness to eliminate the need for further negotiation, and creating the impression of manifest intent to enter into a K. An offer may be made to the general public, as in a mass mailing or advertisement, or to an individual. The letter was sufficiently definite. It provided the description of the product, a price, and a quantity. The quantity, while not particular, first created the impression of a great many pieces available. Second, it operated as an offer for a requirement K by UCC 2306. Such a requirement K need not be explicit in the quantity; it is