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UK Contract Law – Key Statutes
SGA 79 UCTA UK Contract Law SGSA 77 82 SSGA 94
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UK Contract Law – Hygiene Factors
Surprising as it may seem, there is no such thing as The Contract Law Act !!!
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Common Law Systems – legal topography
Politicians Statute Law Case Law Judges
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Common or Civil?
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COMMON OR CIVIL? or ..... Statute Law Judge decisions Codified
Common Law or ..... Civil Law (Napoleonic Law) (Roman Law) Statute Law Judge decisions Codified precedent capricious consistent potentially inconsistent case law = primary source case law = secondary source
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UK COMMERCIAL LAW UK Contract Law Consumer legislation Competition law
Agency law UK Contract Law Law of obligations International law Property law
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UK Contract Law – Hygiene Factors
Case Law Statute Law Key Commercial considerations The Firm Key Contractual considerations How can we limit liability? Who is liable? * Quality * Passing of title * Acceptance & Rejection * Formation of Contract * Voidable Contracts * Breach of Contract
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Essentials of a valid Simple Contract
The Magnificent Seven
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Essentials of a valid Simple Contract
Offer & Acceptance Capacity Intention Consent Consideration Legality Possibility All the above elements must be present. If any is absent, a contract will be void, voidable or unenforceable.
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Order (acceptance) stage
Buyer typically communicates acceptance of the Seller’s offer with the following Contract Letter Purchase Order Legally they are the same thing. Where the order clearly and unequivocally accepts the seller’s offer a contract comes into being
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The Battle of the Forms
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Who can enter into Contracts?
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Discharge of Contract Laws change Loss of a ship or a fire
4b. By Frustration Laws change Loss of a ship or a fire
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Acceptance & Rejection
Breach – remember ... WARRANTY CONDITION root incidental Terminate Damages Damages
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The Contract Management Task
Business Case CC – copy Key Stakeholders Contract Strategy repository Review Meetings A to Z * Execute Contract Documents Contract Initiation Meeting Contract Deliverables A to Z Contract Communic- ations Contract Management Plan Contract Payments A to Z Contract Exit Plan * Deal with Uncertainties and changes Contract Amendments Benefits Realization Plan Close the Contract
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