Further information. I have attached an article about this

Topic to this mail which may be of interest to you.

Yours sincerely

Elisabeth Stephens

Language Focus

Reduce 3 primarily 4 certain 5 conventional

Vast

Uncertain 3 non-confidential 4 unconventional,

Non-conventional 5 non-discriminatory 6 unfair

Unlawful 8 unnecessary 9 unreasonable

Unspecific, non-specific 11 involuntary

Intends; notice 2 complying with; entitled to

Under

Under

Off; in

File 3

Decide

To; to; via 4 to; against 5 of; from

On 8 on

Heard 4 resembles 5 goes 6 includes

Awarded 9 issue 10 pay 11 incurred

Un 9

1 1 transfer; title 2 warranties 3 exclusions/

disclaimers; disclaimers/exclusions 4 contracts

D 2g 3a 4f 5b 6c 7e

To pay for, to purchase

To deal in, to offer for sale

Consumer, customer, purchaser

Merchant, retailer, supplier, vendor

Commodity, merchandise, wares

F 2j 3e 4i 5h 6d 7a 8c 9b

G

Title and risk 2 Orders 3 Warranties

Indemnification of vendor 5 Changes or cancellation

(Paraphrases will vary.)

If an ROT clause is interpreted as a charge and has not

Been registered, it is void.

A good clause will be clear. It will state that ownership

Or title in the goods sold will not pass to the buyer

Until payment is made.

The clause should require that the buyer keeps the

Goods separate from other goods. The goods should

be marked as the supplier's property until payment is

Made. Make sure that a serial number which is on the

Outstanding invoice is also on the goods.

The clause should state that the buyer will not resell

The goods until payment is made.

Take into consideration what the buyer will do with the

Goods. If the goods will be used by the buyer, and they

lose their form and can't be recovered, the clause may

Be void.

A well-written clause will say that the supplier has a

Right of entry to recover the goods.

B 2c 3a 4c

Supplied 2 seller 3 in full 4 buyer 5 value

Recover 7 premises 8 due 9 solvency

The clause does contain a clear statement that titles shall

Not pass until the buyer has paid in full for the goods. It

Also contains a provision giving the seller the right to

enter the buyer's premises to take advantage of them.

Unfortunately, the clause fails to include the other points

Addressed by the speaker. The clause does not make any

Mention of requiring the buyer to keep the goods separate

From other goods, nor is there mention of serial-number

Markings on the goods corresponding to invoices. No

Provisions have been made for a prohibition on further

Sale until the goods are paid for in full. In fact, the

Wording appears to state the direct opposite. Finally, no

Wording exists to deal with the problem of changing or

Incorporating the goods into other goods.

The product is a software program containing millions of

Telephone numbers and addresses, as well as a retrieval

Program.

The central legal issue is whether a shrink-wrap licence

Constitutes an enforceable contract.

False 2 True 3 True 4 False 5 True

The facts of the case, the stages of litigation, the holdings

Of the courts, the reasoning of the courts

The technique used by the speaker is to pose rhetorical

Questions to signal a move to a new topic.

Date: 2015-12-11; view: 689