Example sentences of "[art] contract be of " in BNC.

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1 However , where the contract is of a type into which terms are normally implied by statute or by established common law rule , those implied terms must be excluded .
2 ‘ ( 1 ) A party to a contract ‘ deals as consumer ’ in relation to another party if — ; ( a ) he neither makes the contract in the course of a business nor holds himself out as doing so ; and ( b ) the other party does make the contract in the course of a business ; and ( c ) … the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption .
3 ‘ ( 2 ) Where the seller sells goods in the course of a business , there is an implied condition that the goods supplied under the contract are of merchantable quality , except that there is no such condition-CC
4 A party to a contract " deals as a consumer " in relation to another party if — ( a ) he neither makes the contract in the course of a business nor holds himself out as doing so ; and ( b ) the other party does make the contract in the course of a business ; and ( c ) in the case of a contract governed by the law of sale of goods or hire-purchase , or by section 7 of this Act [ ie other contracts of supply ] the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption .
5 ( c ) The implied obligation of merchantable quality The SGA 1979 and the SGSA 1982 provide that , where goods are sold in the course of a business , there is an implied condition that the goods supplied under the contract are of merchantable quality .
6 Thus s14(2) of SGA 1979 ( replicated in s10(2) of SOGIT 1973 as substituted by the CCA 1974 and ss4(3) , 9(3) of SGSA 1982 ) provides : ( 2 ) Where the seller sells goods in the course of a business , there is an implied condition that the goods supplied under the contract are of merchantable quality , except that there is no such condition ( a ) as regards defects specifically drawn to the buyer 's attention before the contract is made ; or ( b ) if the buyer examines the goods before the contract is made , as regards defects which that examination ought to reveal .
7 Section 12(1) of UCTA 1977 provides as follows : 12 – ( 1 ) A party to a contract " deals as consumer " in relation to another party if ( a ) he neither makes the contract in the course of a business nor holds himself out as doing so ; and ( b ) the other party does make the contract in the course of a business ; and ( c ) in the case of a contract governed by the law of sale of goods or hire-purchase , or by section 7 of this Act , the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption .
8 Whether a contract is of a standard type or a ‘ one-off ’ , it must contain certain elements , otherwise it can not be enforced in the courts .
9 Whether or not a contract is of a personal nature is determined on objective grounds and depends on all the circumstances having regard to the nature of the contract and the subject matter of the rights to be assigned and there is no general rule .
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