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  • Authors: Pathak, Akhileshwar

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  1. Sale of Goods: The Implied Condition of Description

    Authors: Pathak, Akhileshwar;

    Reference No: STR0459TEC Pages: 8 Published on: 17, March, 2021

    Abstract: The law of sale of goods gives the valuable right to the buyer to terminate the contract if the supplied goods are not in conformity with the description. However, every aspect, characteristic or the quality of goods mentioned in the contract does not fall under “description.” The essence of description ... More

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  2. Warranty Clauses: Exclusion of Implied Conditions and Warranties

    Authors: Pathak, Akhileshwar;

    Reference No: STR0460TEC Pages: 8 Published on: 17, March, 2021

    Abstract: The law of sale of goods gives the buyer the valuable rights of implied conditions to terminate the contract if the supplied goods are not in conformity with the description, not of merchantable quality or not fit for the stated purpose. The parties, however, are free to oust the implied ... More

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  3. No Oral Modification Clauses: The Riddle of Party Autonomy

    Authors: Pathak, Akhileshwar;

    Reference No: STR0461TEC Pages: 9 Published on: 31, March, 2021

    Abstract: Contract documents have come to have a no oral modification (NOM) clause which prohibits oral modification of a contract. The validity of the term was in doubt, however, as the contracting parties are autonomous and nothing, including their earlier terms, can come in the way of their will. The Rock ... More

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  4. Entire Agreement Clauses: Representations and Misrepresentations

    Authors: Pathak, Akhileshwar;

    Reference No: STR0462TEC Pages: 7 Published on: 31, March, 2021

    Abstract: Business contracts have come to have an entire agreement clause that seeks to exclude all communications prior to making the contract. Assigned contracts are fully binding, the clause is highly effective in excluding all representations, promises and agreements preceding the signed contract. The note reviews court judgements to explore the ... More

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  5. Contractual Termination Conundrum: The Sudden Insolvency of Phones 4U Limited

    Authors: Pathak, Akhileshwar;

    Reference No: STR0472 Pages: 8 Published on: 3, January, 2023

    Abstract: Phones 4U Limited (P4U) was a highly successful intermediary company, retailing mobile phones and selling mobile phone services for the major mobile phone operators in the UK. In 2014, two of the mobile phone operators left P4U. EE Limited, the only remaining partner, announced a year in advance that ... More

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  6. Company and Shareholders Agreement: Are Shareholders Agreements Binding?

    Authors: Pathak, Akhileshwar;

    Reference No: STR0478 Pages: 3 Published on: 26, December, 2023

    Abstract: Tyrone Brick (Holdings) Limited was a company with an authorised share capital of £1,000 comprising 1,000 shares each with a face value of £1.1 The company allotted a total of 200 shares, of which the Northern Bank Development Corporation held 120 shares and four directors of the company, Samuel Russell, Edward Winston, John Andrew Topping ... More

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  7. Contractual Damages: Principles and Applications

    Authors: Pathak, Akhileshwar;

    Reference No: BP0406TEC Pages: 7 Published on: 10, March, 2017

    Abstract: Every contract has a chance of failure and for this reason, the award of damages for contractual breach is an important concern for businesses. The principle for award of damages is simple and centuries old. The principle is to, by money compensation, put the parties in a situation they would ... More

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  8. Sale, Scope of 'Goods' and Taxation

    Authors: Pathak, Akhileshwar;

    Reference No: BP0407TEC Pages: 7 Published on: 29, March, 2017

    Abstract: Is software, music and film stored on CDs or downloaded from the internet goods? The question is important for the consumer rights and application of sales tax. Property first emerged as tangible things. This could be either moveable or immoveable property. Moveable property is what is not immovable property. Goods ... More

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  9. Self Service Retail Stores: When is a Contract Made?

    Authors: Pathak, Akhileshwar;

    Reference No: BP0404TEC Pages: 10 Published on: 29, March, 2017

    Abstract: In a self-service store, the customer goes from shelf to shelf, selecting and putting items in a basket. He comes to a check-out counter to pay and take the goods away. A sale contract is formed in the course of he coming in the store and going out. When and ... More

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  10. Bank Guarantee and Performance Guarantee: Bond (Mis)described

    Authors: Pathak, Akhileshwar;

    Reference No: BP0409TEC Pages: 10 Published on: 29, March, 2017

    Abstract: Bank guarantee’ and ‘Performance guarantee’ are familiar financial instruments. More often than not, a party wants a demand bond and not a guarantee. A demand bond is payable on demand while a guarantee is payable only when a breach is established by a court. The rights and obligations of the ... More

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