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Lesson 1.9 - Coggle Diagram
Lesson 1.9
Uniform Commercial Code (UCC)
Sales of goods is governed by UCC Article 2
Software Licensing
Shrink-wrap License
Terms on the outside box
Click-wrap License
Terms on screen with click required
Browse-wrap agreement
Appears on the website
Gap fillers
Duty of Good Faith (Bona Fide)
Warranties
Express Warranty
Expicit Guarantee
Puffing
(An opinion by the seller about the product even without mentioning yje waord warranty ot guarantee)
Implied Warranty of Merchanability
Goods are fit for general purpose and properly packaged and labled bounded by the contract description
Implied Warranty of Fitness for a Particular Purpose
Goods are fit for a particular purpose
Disclaiming Warranties and Limiting Liability
Conspicous writing such as "As Is" or "With All Faults"
Product Liability
Tort
Unconscionability
Strikingly unfair contract
The Convention on Contracts for International Sale of Goods (CISG)
Scope
Offer & Acceptance
Battle of the Forms
Good Faith
Implied Warranties
Obligations of the Parties (Delivery, Payment)
Business (Commercial) Law
Agency
Authorised "Agent" who acts on behalf of another "Principal"
Contracts
Elements
Agreement
(Oral, written, or implied by conduct)
Offer
Defined terms
Battle of the forms
Intention to be bound by the offer
Communicated to the offeree "Recipient"
Acceptance
Consideration
Incentive offered by one party in return to the offered services
Legal purpose
Law-abiding
Capacity
The ability to comprehand the agreement and protect one's interests
Standard Form Contracts
(Take it or leave it)
Business to consumer
Unequal bargaining power
Used for uniformity and effeciency for cost reduction
Court impose "duty to read" on the consumer
FIDIC
Red Book
For construction, designed by the employer
Green Book
Short fomr contract for projects less than 500,000
Yeloow Book
Electromechanical works
DBO Book
Design-Build and Operate
Silver Book
EPC/Turnkey Projects
Red Book
(MDB)
For construction, designed by the employer (Financed by Banks)
Orange Book
Design-Build and Turnkey
Torts
Invasion of any legal civil right that cuases harm to the claimant
Crimal Law
Emplyment Law
Business Law Key Areas
E commerce
(Transactions made electronically)
Direct
Goods & Service delivered online (Sofwares, MP3, etc...)
Indirect
Goods & Services delivered via courier or post
E commerce Regulations
Company Details
Pricing
Contracts
Advertising & Email
Software Licences
Electronic Contracts
Smart Contracts
Common Law
Scope
Provision of Services
Contracts for Sale of Land or Securities
Loan Agreements
Battle of the forms
Image Mirror Rule
Warranties
Express
Legal Systems
Common Law
Based on Precedents and Judges
Civil Law
Based on fixed Codes and Statutes (of Roman Law)
E-Contracts
E-sign Act
Uniform Electronic Transactions Act (UETA)
Uniform Computer Information Transaction Act (UCITA)
Copyright Act