DANNY, CHECK THIS OUT!

2005-06-14 · 1181 阅读

<OL type=1>
<LI class=MsoNormal style="MARGIN: 0cm 0cm 0pt; COLOR: maroon; LINE-HEIGHT: 150%; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l0 level1 lfo1; tab-stops: list 36.0pt">A condition is a vital term of the contract, breach of which may be treated by the innocent party as a substantial failure to perform a basic element of the agreement. the innocent party has the choice of either treating the contract as ended and claiming damages for any loss suffered, or merely claiming damages for the breach. </LI>
<LI class=MsoNormal style="MARGIN: 0cm 0cm 0pt; COLOR: maroon; LINE-HEIGHT: 150%; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l0 level1 lfo1; tab-stops: list 36.0pt">a warranty is a less important term which is incidental to the main purpose of the contract. failure to observe it does not cause the whole agreement to collapse: consequently the innocent party may claim damages for its breach but not treat the contract as ended. </LI>
<LI class=MsoNormal style="MARGIN: 0cm 0cm 0pt; LINE-HEIGHT: 150%; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto; mso-list: l0 level1 lfo1; tab-stops: list 36.0pt">an innominate term is a term that may be breached both in a serious way or in a trivial manner. if it is breached in a serious way, the innocent party may terminate the contract and/or sue for damages. if it is breached in a trivial way, the innocent party can only sure for damages.</LI></OL>
2. an invitation to treat is an offer to negotiate or an offer to receive offers. it's often the starting point of the negotiations. some situations have been expressly recognized by the law as amounting merely to invitations: shop displays, advertisement, catalogues and tenders etc. as a general rule, an offer is a statement which, if responded to by a simple "yes" can be regarded as constituting a contract. e.g "would you buy this motor-car for $50,000?" would be an offer. an invitation to treat falls short of this.

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