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Air Aisa

In: Business and Management

Submitted By fazam
Words 1229
Pages 5
Air Asia, an airline company is entering into a contract with Delta Cargo. You being the legal advisor of Air Asia have to explain to your company the following:
1. Describe to them specific contract terms with reference to their importance and impact if these terms are broken.

2. Explain the application and analyze the law on standard from contracts.
It is a pre-prepared contract where all the terms have already set. In standard form contract each of the party will have different duties such as a recipient; they have little or no prior negotiation. On the other hand the provider of the contract has their own standard terms and conditions. The standard form contract can usually be found in a contract between employees and the company.
The terms in standard form can be in three types which are express term, implied term and innominate term.
Firstly an express term is a clear stipulation in the contract (they are terms of the contract and may choose to do so orally, or in writing, or in a combination of these methods.) which the parties intend should be binding upon them. Traditionally, the common law had divided terms into two categories: conditions and warranties. Condition is a term which is vital to the contract, going to the root of the contract. While warranty is a less important term, it does not got to the root of the contract but is subsidiary to the main purpose of the agreement. A breach of condition will entitle the injured party to repudiate the contract and claim damages. A breach of warranty will only give the injured party the right to claim damages; he cannot repudiate the contract.
On the other hand some undertakings may occupy an intermediate position, in that the term can be assessed only in the light of the consequences of a breach. If a breach of the term results in severe loss and damage, the injured party will be entitled to

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