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Authors: Pathak, Akhileshwar;

Reference No: BP0427 Pages: 10 Published on: 18, December, 2018

Abstract: Business contracts are done on General Conditions of Contracts (GCC). The GCCs have detailed terms to displace general principles of contract law and bring certainty in commercial dealings. Bunge SA v Nidera BV, is a judgment of the Supreme Court of the United Kingdom, on damages terms in GCCs. A ... More

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Authors: Pathak, Akhileshwar;

Reference No: BP0428 Pages: 9 Published on: 12, February, 2019

Abstract: Contracts term of commercial sale of goods have a ‘title retention clause’, preventing the transfer of ownership till the seller is fully paid. The unpaid seller gets the right to repossess the goods from the buyer. Exigencies of businesses have led to introduction of further clauses allowing the buyer to ... More

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Authors: Pathak, Akhileshwar;

Reference No: BP0429 Pages: 11 Published on: 21, February, 2019

Abstract: Title retention clause was introduced in sale of goods contracts to prevent the transfer of ownership till the seller was fully paid. Exigencies of businesses have led to introduction of further clauses allowing the buyer to use or sub-sell the goods even before the transfer of ownership. The conflicting provisions ... More

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Authors: Pathak, Akhileshwar;

Reference No: BP0431 Pages: 16 Published on: 21, February, 2019

Abstract: A buyer company has an advance payment stuck with the seller company and acts cautiously in not paying further till getting control over the goods. Claiming this to be a breach, the seller terminates the contract and claims damages. The seller picks all legal points it could in the routine ... More

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Authors: Pathak, Akhileshwar;

Reference No: BP0434 Pages: 9 Published on: 27, March, 2019

Abstract: The founding principle of contracts is the freedom of the parties. The parties are free to choose their terms and follow any modality of communication, oral or written. As they can freely make a contract, they can freely modify or unmake it. Written contracts have a clause, No Oral Modification ... More

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Authors: Pathak, Akhileshwar;

Reference No: BP0435 Pages: 9 Published on: 29, March, 2019

Abstract: Most business contracts are meant to be in writing, on standard terms. However, with the facilities of communications, businesspersons will talk business on the phone. With this, contentions will arise, whether they were only negotiating or had gone the distance and made a contract. If they have contracted, what are ... More

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Authors: Pathak, Akhileshwar;

Reference No: STR0447 Pages: 8 Published on: 23, July, 2020

Abstract: Customers often sign lengthy offer documents, running in several pages, without reading them or understanding their contents. Later, they discover the contract has exclusion clauses or unfavourable terms. Are the terms binding on the person? The case explores the UK High Court judgement in Coys of Kensington Automobiles Limited v ... More

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Authors: Pathak, Akhileshwar;

Reference No: STR0448 Pages: 13 Published on: 24, September, 2020

Abstract: The digital medium has created new ways of contracting through web pages and smartphone apps. The websites and apps put numerous terms of contract. In some cases, the user is required to click on them, and other times, the user may or may not even notice the terms. Are the ... More

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