Contractual Obligations Flashcards
Express Warranties
A warranty that is given verbally or in writing that states the product will be replaced if not up to standards.
Implicit warranties
A guarantee that is not written down or verbally agreed upon.
ACL, s. 54
The goods must be of acceptable quality.
ACL, s. 56
The goods will conform to the description given by the seller.
ACL, s. 59
Express warranties
Remedies to breach of implied guarantee
Contact the seller, Ombudsman, legal action through tribunal such as QCAT.
Elements of a contract
Offer, acceptance, intention, consideration
Capacity
The ability for an individual to be legally capable of entering into a contract or agreement.
Express terms
Usually written on the contract somewhere.
Implied terms
Can be implied by the law or other factors even if not stated or written.
conditions
A condition is a requirement or limitation involved in a contract, trust, law, or other legally recognized document that changes the rights and duties of those involved.
