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  • Authors: Pathak, Akhileshwar

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  1. Ousting Conditions and Warranties (Buyer's Rights): The Mercini Lady Case

    Authors: Pathak, Akhileshwar;

    Reference No: BP0421 Pages: 10 Published on: 14, March, 2018

    Abstract: The Mercini Lady Case is a modern statement of the law on the rights of the buyer in a sale contract. The seller has to supply goods in conformity with description, of merchantable quality and fit for the stated use. These rights, the ‘implied conditions’, however, can be ousted by ... More

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  2. Contractual Damages: Kailash Nath Associates v Delhi Development Authority

    Authors: Pathak, Akhileshwar;

    Reference No: BP0423 Pages: 11 Published on: 2, April, 2018

    Abstract: The Supreme Court judgement, Kailash Nath Associates v. Delhi Development Authority consolidates the law on award of liquidated damages and stipulations on penalties. Contractual damages are to cover losses and not to profit from it or penalise the party in breach. Stipulated amounts in damages or penalties are appraised by ... More

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