Here is the synopsis of our sample research paper on Law Questions. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 16 page paper answers questions set by the student. The paper looks at issues such as breach of contact with express and implied term, misrepresentation including fraudulent misrepresentation and innocent misrepresentation on goods and property, unfair contract terms, the use of the Trade Practices Act 1975 including anti-competitive practices, manufacturers and product liability and the difference between an employee and an independent contractor. The bibliography cites 8 sources.
Page Count:
16 pages (~225 words per page)
File: TS14_TElawqu1aust.rtf
Buy This Term Paper »
Unformatted sample text from the term paper:
needs to be seen as an express term. Express terms are those which have been specifically expressed between the parties to the contract. In cases where the contract is oral
there can be a dispute as to fact (McKendrick, 2000). At first this may appear to have the potential to be an express term, however, in this case there is
a written contract which does not specify that the software will work. The general approach is that when parties to a contract
have placed their terms into writing that this document will be the sole reference point. This use of the contract as the reference point in seen in the case of
Jacobs v Batavia &General Plantations Trust Ltd [1924] 1 Ch 287. Here oral evidence of contradictory terms is not acceptable, leading to the parol evidence rule (McLauchlan, 2005). However,
express terms will usually override any implied terms. b. If this is not an express then it is possible it may be seen as an implied term. The usual
approach that above, but there are some exceptions to this rule and the case of Burges v Wickham (1963) 3 B & S 699 and also Gillespie Bros & Co
v Cheney, Eggar & Co [1896] 2 QB 59 indicate that the terms of the written contract may have additional term(s) implied into them. We can also look to the
case of Mann v Nunn (1874) 30 LT 256 (Lexis, 2006). This is interesting as it indicates that it is possible for extrinsic
evidence to be introduced which is not only outside the contract but also contradicts the terms of the contract (McLauchlan, 2005). There may be the inclusion of other terms
...