Tuesday, November 19, 2019
Two questions Essay Example | Topics and Well Written Essays - 500 words - 2
Two questions - Essay Example However, the additional information or dealings which do not form part of the final written contract are not binding upon either of the parties and are liable to dispute and debate (Jentz, Miller, and Cross). In this scenario, both the parties have agreed to the sale of the warehouse, and thus is mentioned in the final contract. This effectively constitutes the consideration element of the contract, that is, something of value is being sold and purchased for the set amount (Jentz, Miller, and Cross). As much is binding on both the parties. However, there is no mention of the furniture stored in the warehouse in the contract. This could take either of the two courses of action: if the seller is willing to include the furniture in the transaction, they can out of their own free will, and only after assuring that there are no claims or restrictions attached to such a sale (Jentz, Miller, and Cross); however, if the seller is not willing, it is not binding upon them to include the furnit ure in the final sale even though such intentions were previously expressed in some mutually exchanged emails. This is because of two reasons: firstly, such emails were not part of the legal proceedings, and did not form part of the final sales contract; and secondly, the contract clearly states that it supersedes all other related negotiations. Therefore, both the parties are responsible for only that which is specified in the contract according to the clause of the intention of legal consequences, that is, the contract being binding on both the parties (Jentz, Miller, and Cross). If the contract explicitly expresses the sale of the furniture in the warehouse, such a sale would then become
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