PP slides 2 for SGA copy

PP slides 2 for SGA copy - Tilden v Clendenning UNIVERSITY...

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U N I V E R S I T Y O F A L B E R T A Tilden v. Clendenning
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U N I V E R S I T Y O F A L B E R T A 1978 case, probably would not be decided this way today, in my view. Its a good review of contract law Facts- Mr. Clendenning rents car, asks if he “desired additional coverage” said “yes”.
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U N I V E R S I T Y O F A L B E R T A CONT. Two relevant provisions: - Customer remains fully liable for violation of the rental agreement, or other laws, or hitting overhead objects. - “I have read and received a copy of above and reverse side
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U N I V E R S I T Y O F A L B E R T A CONT. Clendenning then drives car into a pole and damages the vehicle. He pleads guilty of driving under the influence, however, does so on advice by counsel, and the Judge accepts this evidence
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U N I V E R S I T Y O F A L B E R T A CONT. “Mr. Clendenning had not in fact acquiesced to such terms” Law Ticket cases- and L’Estrange Argue in favor of rental company
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U N I V E R S I T Y O F A L B E R T A CONT. The problem with this rule is it prevents a meeting of the minds between the parties, or consensus ad idem. An essential part of contract law Judge says, in modern times,
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U N I V E R S I T Y O F A L B E R T A CONT. As Lord Denning (famous Judge) said: “We do not allow printed forms to be made a trap for the unwary”
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U N I V E R S I T Y O F A L B E R T A TERMS V. WARRANTIES A term or condition of a contract is the essential elements of the contract. If they’re breach, there is no contract (recession) Warranties are supposed
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U N I V E R S I T Y O F A L B E R T A A term is also ‘the essence of the contract’ Something important Unless otherwise agreed, the ‘time’ of payment is not a term. S. 12(1)
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U N I V E R S I T Y O F A L B E R T A Caveat emptor- Let the buyer beware -some say that such a principle is really not historically accurate in law dating back to Roman times. So parties must bargain for express terms under contract law
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U N I V E R S I T Y O F A L B E R T A NIBLETT LTD. V. CM LTD 1921 Contract- 1919 - 3000 cases of condensed milk One, or more of three brands could be used to fulfill the order. Including “Nissly” One thousand cases arrive with the label “Nissly”
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U N I V E R S I T Y O F A L B E R T A As a result the buyers are not enjoying “quiet possession” of the cans, because they get held up in customs and buyer does not receive the goods.
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PP slides 2 for SGA copy - Tilden v Clendenning UNIVERSITY...

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