Contract assent and content Mc 3

A trem in a binding contract, the effect of brench of which cannot be calculated until such time as breach actually occurs, is known as

A. a warranty

B. a term ' subect to contract'

C an innominate term

D. a contracyual condition

要講點解(用中文)

更新:

A term in a binding contract, the effect of breach of which cannot be calculated until such time as breach actually occurs, is known as

A. a warranty

B. a term ' subject to contract'

C an innominate term

D. a contractual condition

2 個解答

評分
  • 千歲
    Lv 5
    1 十年前
    最愛解答

    請容許我把呢句"the effect of breach of which cannot be calculated until such time as breach actually occurs" 解釋為違反合約的後果不能計算直至發現對方有違反合約

    如果係咁的話, 個答案應該係"c"

    "A"唔正確.....首先要知道 contractual terms可分為 "conditions" 同 "warranties", 如果個term係warranty, the breach of it does not amount to repudiation of the contract by the guilty party and does not entitle the innocent party to terminate the contract. The innocent party can only claim damages. 所以breach of warranty 個後果係可以calculate到

    "B"唔正確, 因為subject to contract意思即係受條件限制, breach左呢個term係會被人告, 仲要賠錢

    "D"唔正確, 因為呢個係condition term. If a term has been classified as a condition, even a minor breach of that term will allow the innocent party to terminate the contract and/or sue for damages. Where the party terminates the contract for breach of a condition, it may also be allowed to claim damages if any financial losses are suffered as a result of the breach. 所以個後果係可以calculate到.....reference case: Waillis, sons & Wells v. Haynes [1911] AC 394, L. Schuler AG v. Wickman Machine Tool Sales Ltd. 118 [1974] AC 235,. Poussard v. Spiers and Pond (1875-76) LR 1 QBD 410, Bettini v. Gey (1875-76) QBD 183

    "C"係正確, 因為innominate term係一個幾新既term. 我要用example解釋吓,

    e.g A應承賣100噸金屬, 鐵, 俾ar B, say for HK$150,000, 但運送途中批鐵唔知點解生鏽, 有5%係鏽左, 咁點算na???B可以點做na????

    其實the term that the iron will be delivered in good condition appears to be an innominate term. Since the breach of this term affects only 5%of the irons, the consequences flowing from the breach cannot be regarded as serious enough to justify B's termination of the contract and returning the goods.

    所以innominate term係唔可以claim到damages

    資料來源: 我僅存的contract law 知識, Business Law In Hong Kong D.K Srivastava 2002 Edition Page 138-146
  • 1 十年前

    Can u rewrite your question?

    There are so many typing errors that I cannot really understand your question.

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