Samatha has a small business selling clothes. Because his shop is too small to store all his goods so he must hire a warehouse. Each time that he took goods to the warehouse he was asked to sign an invoice which contained an exclusion clause stating that the warehouse owners were not liable for any damage to the goods. This invoice was put into effect in September 2020, whereas the contract had been agreed on July 2020. One day, Samatha came to take his clothes but realised that most of them were burned due to a fire. As a result, he required the warehouse owner to compenstate him and refuesed to pay for the storage. The warehouse owners brought action against him.

Answers

Answer 1

Question Completion:

Do the warehouse owners have to be responsible for the loss?

Answer:

Samatha Vs Warehouse Owners

Legally, the warehouse owners are not liable for the loss.  Through a series of previous dealings, the contract terms were restated or amended using the exclusion clause on the invoice, which Samatha signed.

Samatha should have been aware that exclusion clauses lessen contractual liabilities, and if he had continued to sign the invoices bearing the exclusion clause without objection, then he had consented to the exclusion.

Therefore, the warehouse owners are entitled to payment for warehouse storage, and Samatha has lost his right to claim compensation for the damage to his warehoused goods.

Explanation:

According to the Uniform Commercial Code, a series of previous conduct between Samatha and the Warehouse owners may create a common basis for understanding and interpreting the amendment of the underlying contract.  For example, an exclusion clause can be introduced in the contract through previous dealings.


Related Questions

How does morden small business benifit form?​

Answers

Answer Modern small businesses benefit from simplified and less expensive manufacturing processes and can grow without affecting the quality service they offer their customers.

vì sao quy chế pháp lý hành chính của người nước ngoài ở Việt Nam hạn chế hơn so với công dân Việt Nam

Answers

Answer:

I'm sorry I don't know about this

Ngành nghề nào nhà nước cấm đầu tư.?

Answers

Answer:

Ngành, nghề cấm kinh doanh

Các hoạt động liên quan đến mua bán mại dâm. Kinh doanh pháo nổ trừ pháo tín hiệu, pháo thỏa thuận theo quy định của cơ quan nhà nước có thẩm quyền. Mua bán người và các bộ phận của con người. Kinh doanh hoạt động văn hóa nghệ thuật xâm phạm an ninh quốc gia và đạo đức xã hội.

The Victorian legislation which provides guidelines for solicitors to disclose information about costs.

Answers

Answer:

costs disclosure

Explanation:

The Victorian legislation provides guidelines for legal fee disclosures by solicitors to their clients. The legislation requires that solicitors must disclose legal costs in a cost disclosure statement as soon as they engage a client. This prevents the penalties or invalidity of a legal claim to costs. Exceptions may however apply where legal costs do not exceed $750 or client is government or commercial entity.

What is the first step when investigating an arson?
Photograph the scene of the fire.
Question witnesses who observed the fire burning.
Identify the "plant"—the material used to set the fire.
Identify the point of origin of the fire.

Answers

Answer:

identify the plant - the material that used to set the fire

Yes or no; Is it possible to have as many representatives as people, if government wants to prevent abuse of power?

Answers

Answer:

yes because if power stay in the hands of one person He can't control everything and also he can use it to abuse others

Discuss the claim that foreign policy and domestic policy are two faces of the same coin. give me full answers.​

Answers

Answer:

Foreign policy and domestic policy are considered as the two faces of a coin because any change in both of these policies will impact on the macroeconomic variables of both the nation.

Explanation:

Foreign policy and domestic policy are considered as the two faces of a coin because any change in both of these policies will impact on the macroeconomic variables of both the nation.

A debt issued by a company as a negotiable instrument with a term of 9 months or less is a security that is exempt from registration and is called:

A. a short-swing trade.
B. short-term commercial paper.

Answers

The answer would be B

A debt issued by a company as a negotiable instrument with a term of 9 months or less is considered short-term commercial paper and is exempt from registration.

What is short-term commercial paper?

Commercial paper is a type of unsecured, short-term debt that is commonly issued by businesses to finance payrolls, payables, inventories, and other short-term liabilities.

Most commercial paper maturities range from a few weeks to months, with an average of around 30 days.

Option (a), short-swing trade is an incorrect answer because the SEC's short-swing profit rule requires corporate insiders to repay any profits generated from the acquisition and sale of company stock within a six-month period.

As a result, option (b) is the correct answer.

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In which situation does a burglary become a robbery?
A thief breaks into a convenience store after hours, breaks into the safe, but sets off an alarm when exiting.
A neighbor calls the police, who respond and apprehend a thief in the house next door.
A homeowner awakes, goes downstairs, and is confronted by a thief.
A thief contacts his buddies, who join him in stealing items from a vacant house.

Answers

Answer:

the last one

Explanation:

C. Burglary turned into robbery when the thief was confronted by a person. Burglary is a crime against property. Robbery is a crime against person.

If Kripto sues Attorney Porquine for breach of the Jones-Porquine contract to recover what he would have received under the will, could Attorney Porquine successfully defend himself due to Kripto not having standing to sue? Why or why not?

Answers

Answer:

Following are the solution to the given question:

Explanation:

No, Sandy Porquine cannot defend himself successfully. This is because Kripto is the designated beneficiary in the contract between Emma Jones and Sandy Porcupine. Beneficiaries intended to seek a court resolution (have a duty to prosecute) if their contract rights are violated. Sandy Porquine also couldn't apply this theory effectively, Kripto had obtained a right.

Which of the following crimes is a low-profile crime that typically involves stealing a large amount of money over a long period of time?
burglary
larceny
fraud
embezzlement

Answers

Answer:

the answer is embezzlement

Answer:

Embezzlement

Under the Texas penal code one definition of “intoxicated” involves not having the normal use of ones mental or physical abilities as a result of consuming ?

Answers

Answer:

Alcohol

Explanation:

taking alcohol makes some changes in ones behavior

define natural law and divine law​

Answers

Answer:

Natural law is a term that refers to moral concepts that are universal throughout most, if not all, human civilizations. Divine law, on the other hand, is law that has been revealed to us by God. Though it may be globally obligatory, divine rule is not generally understood.

OAmalOHopeO

Answer:

One cannot discover divine law by natural reason alone; the precepts of divine law are disclosed only through divine revelation. The natural law is comprised of those precepts of the eternal law that govern the behavior of beings possessing reason and free will. ... But Aquinas is also a natural law legal theorist.

Analyze the “legal personality” and provide one relevant example.

Answers

Answer:

"Legal personality" means to be capable of having legal rights.

Explanation:

"Legal personality" means to be capable of having legal rights within a specific legal system such as to enter into contracts, sue, and be sued. Legal personality is a condition or requirement to legal capacity, the ability of any legal person to change rights and obligations. Example of legal personality is that how a law is applied if one is a home owner versus a renter.

When a bomb is suspected of being planted in a room, how is a search for the bomb generally conducted?
by starting at one end of the room, fanning out, and then proceeding until reaching the other end
by type of material: metal objects are inspected first, then plastic, then all others
by height, starting below hip level then working upward, sweeping around the room at each level
by dividing the room into quadrants, then sweeping one quadrant at a time

Answers

Answer:

how u doing

Explanation:

................................

Onyango is employed by Tropical College in Nairobi as a driver while he was transporting some of the college students to the city centre after classes; His attention was diverted when he saw some girls playing netball in a field next to the road. He lost control of the bus which then landed in a ditch and Wafula one of the students aboard was injured. Wafula seeks your advice as to whether he should sue the college or Onyango for damages for negligence. What advice would you give Wafula?

Answers

Answer:

I think he should sue Onyango for damages for negligence .....Because it was is fault the bus landed into a ditch ...The college didn't have a problem

I’m here Trying To get My license I have To score flawlessly I’m at home studying I need help

Answers

Answer:

A. Traffic in the lane must turn in the direction of the arrow.

Explanation:

glad i helped

Asking yourself whether your mind is currently occupied by things that can take your concentration off the road is something you should do ______.

Answers

iebwbehwhjwjshehhee wuwiuehe.hwjwje ...

get your mind to think about other things so your concentrated

Ngày 1/8/2019 ông A thỏa thuận bán nhà ở số 234 đường M quận N thành phố Z cho ông B với giá 1 tỷ đồng, hơp đồng đã được hai bên lập văn bản, B đã trả cho A 500 triệu đồng và hẹn 10 ngày sau đi công chứng hợp đồng sẽ trả nốt số tiền còn lại. Ngày 10/8/2019 Ông B yêu cầu ông A đi công chứng hợp đồng nhưng do giá nhà tăng lên 1,3 tỷ đồng nên ông A tránh mặt không gặp ông B. Ngày 1/11/2019 ông B khởi kiện ra tòa án, yêu cầu ông A thực hiện hợp đồng, còn ông A yêu cầu tòa án tuyên bố hủy hợp đồng, theo anh chị vụ việc này giải quyết như thế nào?

Answers

Answer:

Hành vi của ông A sai, ông B đúng. Khi còn trong giai đoạn thỏa thuận hợp đồng và ông B đã đưa cho ông A một số tiền cho hợp đồng. Nhưng ông A lại không giữ đúng thỏa thuận. Vì vậy ông B có quyền khởi kiện về hành vi vi phạm hợp đồng của ông A

Nhà máy thủy điện đã vận hành và đến nay không có sự cố xảy ra (theo lập luận phía Nguyên đơn) và Bị đơn không thanh toán số tiền còn lại cho Nguyên đơn, hãy nhận xét các lập luận của Bị đơn?

Answers

Answer:

Công trình này thể hiện sự kế thừa phát huy của thế hệ hôm nay nối bước thế hệ đi trước. Vì vậy nếu không chủ động phát triển những công trình lớn thì khó có thể đáp ứng được nhu cầu phát triển đất nước.

Which one of the following statements is NOT part of the biochemical point of view?

Answers

The biochemical point of view is include viewing a statement from the scientific view point.

What is biochemical point of view?

Biochemical view helps to view things or happening in a way to fit that help fill it into life form.

They are scientific view of a particular statement

Therefore, The biochemical point of view is include viewing a statement from the scientific

view point.

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1. Bicycle riders must:
A. Ride with the flow of traffic
B. Be given the right of way
C. Ride in the center left turn lane

Answers

Answer:

Ride with the flow of traffic  

Explanation:

Exceptions may apply in Arizona, Indiana, Massachusetts, North Dakota, and Oklahoma, where laws merely encourage but don't require riding with the flow of traffic.

an example of a passive electronic monitoring system is which of the following


1. A telephone call to the offender's home

2. GPS

3. Ankle monitor

4. All of the above

Answers

Answer:

the answer is 4. all of above

Explanation:

because we use magnet for GPS system you know the world already is a big magnet.

For first one.. Nowadays all scientist want to develop the application for telephone and They are working on electronic system and they must to know electron

A telephone call to the offender's home, GPS and Ankle monitor are all examples of a passive electronic monitoring system.

What is GPS?

The term GPS means Global Positioning System (GPS) is a U.S. owned utility service that provides users with positioning, navigation, and timing (PNT) services.

GPS system comprises of three segments: the space segment, the control segment, and the user segment.

Space Segment: The space segment provides a nominal constellation of 24 operating satellites that transmit one-way signals that give the current GPS satellite position and time.

Control Segment: The control segment provides and comprises of worldwide monitor and control stations that maintain the satellites in their proper orbits through occasional command maneuvers, and adjust the satellite clocks. Control Segment also tracks the GPS satellites, uploads updated navigational data, and maintains health and status of the satellite constellation.

User Segment: The User Segment consists of the GPS receiver equipment, which receives the signals from the GPS satellites and it uses the transmitted information to calculate the user's three-dimensional position and time.

What is Ankle Monitor?

Ankle monitor can be used like a bracelet-like device which transmits information about its wearer to a remote monitoring center. It generally relays this information via radio transmission or global positioning system and uses GPS technology.

Usually, it is locked in ankle to allow for constant monitoring. In many scenarios, an ankle monitor is used to determine the wearer’s location, usually as a condition of parole or house arrest.

Hence, option D is correct.

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Law Enforcement can issue a DUI for driving under the influence of prescription drugs just as they would for
someone who wad been drinking and driving.
A. True.
B. False.

Answers

It is TRUE I have worked as a deputy for 5 years now, and they do get treated the same.

Impairment simply is impairment

The statement" Law Enforcement can issue a DUI for driving under the influence of prescription drugs just as they would for someone who wad been drinking and driving" is True.

What is Law Enforcement?

Law enforcement is the practice of some members of the government acting in a planned manner to uphold the law by identifying, discouraging, treating or punishing those who disobey the laws and social standards that govern that society.

The phrase refers to the legal system, courts, and prisons. By using record sharing and interdependent collaboration, these three elements can function alone or jointly.

The idea of law enforcement has been around since the dawn of time, and police and law enforcement have taken many different forms in all human communities.

The term "peace officer," or "law enforcement officer," is used in modern state legal codes to refer to every person who the legislating state has invested with police power or authority. Traditionally, law enforcement refers to anyone who is sworn or badged and has the authority to detain anyone for violating the law.

Learn more about Law Enforcement, here

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The way to the house ?

Answers

Answer:

what is the house in question

Explanation:

do yo have a screen shot

What is your question?

Need help with drivers Ed questions

Answers

Answer:

traditional and non traditional intersections

Explanation:

Pretty sure it’s the second one

Dany is an international trader in computer. In June 2018 he wrote a proposal to his most frequent client, Alan, saying that he was offering to sell 100 motorbikes, XYZ brand, latest version for US$1000/a motorbike. The detail description of a motorbike was in the Exhibit A attached with the contract.Alan immediately responded that he accepted the proposal, but he was only willing to receive the good in a safe and sound condition. Decide what are the legal nature of Dany's proposal and Alan’s reply?

Answers

Answer:

A proposal is subject to its acceptance by an offeree. An acceptance can be of three types given as under :-

A. Conditional Acceptance.

B. Express Acceptance.

C. Implied Acceptance.

In the above mentioned offer, Allan has given a conditional acceptance to dany about his willingness to accept the order in a safe and sound condition and thereby making a counteroffer to Dany. Dany after his consent to do so can enter into a contact. This is to be called as qualified acceptance

Explanation:

A proposal is subject to its acceptance by an offeree. An acceptance can be of three types given as under :-

A. Conditional Acceptance.

B. Express Acceptance.

C. Implied Acceptance.

In the above mentioned offer, Allan has given a conditional acceptance to dany about his willingness to accept the order in a safe and sound condition and thereby making a counteroffer to Dany. Dany after his consent to do so can enter into a contact. This is to be called as qualified acceptance

Vì sao nói tác phẩm báo chí là một chỉnh thể? Nhận thức tính chỉnh thể của tác phẩm báo chí có thể giúp ích gì cho nhà báo và công chúng trong quá trình sáng tạo và tiếp nhận báo chí?

Answers

Answer:

em cũng muốn hỏi

Explanation:

with reference to the company act in Kenya ,describe the capacity of a company to enter into a binding contract.​

Answers

Answer:

To enter into a binding contract, you have to be show that the presentation for the contract is made in a well label manner

It is the duty of a passenger to always look a good distance ahead and to think several steps in advance.

Answers

Answer:

False.

Explanation:

Transportation can be defined as a process which typically involves moving people, goods and services from location to another through the use of various transport means such as train, car, motorcycle, ship, boat, aeroplane, etc.

A driver refers to an individual that is saddled with the responsibility of controlling or piloting the direction of movement of a car while ensuring that he or she abides by the traffic rules and regulations.

Perception-reaction time, also known as perception response time (PRT) can be defined as the amount of time taken by a driver (road user) to recognize a potentially hazardous incident on the road to the time he or she takes to react appropriately such as applying the car brakes, using the car horn, flashing his headlights, etc.

This ultimately implies that, it is the duty of a driver to always be at alert, look a good distance ahead and to think several steps in advance, especially when driving on a highway or areas characterized by high traffic usage.

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