Contract For The Contract Of Contract

1620 WordsFeb 8, 20177 Pages
A condition is a term that is so essential to the agreement that its violation is considered a substantial breach of contract performance. A violation of a condition is said to go to the root of the contract. A guarantee is a contract term that is not so essential. A guarantee must be made, but a violation of it is not considered to go to the root of the contract. This sense of warranty should not be confused with other uses of the word such as in "one year maintenance warranty". Damage is the remedy for breach of warranty. Each contract of sale is likely to contain a number of terms and stipulations on the nature and quality of the goods and their adequacy of the object of the buyer. All these terms are not likely to be of equal…show more content…
Where a seller delivers defective goods, two questions immediately arise: a) What is the precise legal basis of his liability, b) What rights does the buyer have against him. Although these questions appear quite simple, the answers to them are difficult enough. The rights and remedies of the buyer often depend on the classification of the terms. The terms of a contract are the essence of a contract and indicate what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract. Before entering into a contract, a series of statements are made by one party in order to encourage or induce the other party to enter into contract. A dispute may later arise as to which of the statements made should be considered a part, or a term, of the contract, and which should be taken as merely pre-contract talk, and therefore, not a part or term of the contract. Parties to a contract are bound only by its terms, not by any peripheral statements that may have been made prior to or after entering into contract. A representation which is subsequently made part of the contract ceases to be a representation and becomes something more, viz., a promise that such a thing is or shall be. The question then arises whether this representation, which has ceased to be a mere representation, and has become a term of the contract, is

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