1. Sale of goods act 1957 imposed certain implied term in a sale of good contract. Can parties to the contract modify these implied? Discuss?
Can, the implied terms are applicable only if the parties did not exclude or modify the terms. (Section 62 under SOGA 1957).
Sale of goods act 1957 implies a number of implied terms in every contract for the sale of goods.
Implied Terms under SOGA 1957
* Sale by description
* Fitness for purpose
* Merchantable quality
* Sale by sample
* Quite Possession
* Encumbrance ...view middle of the document...
Listen to Evidence
* An arbitrator examines closely all evidences or arguments and information presented by disputing parties, and listen to the facts of the case and the arguments presented by both parties once arbitration begins.
(Binding Arbitration) An arbitrator serves as the decision-maker and ‘referee’ in an arbitration proceeding, The role of an arbitrator is similar to that of a judge, though the procedures can be less formal and an arbitrator is usually an expert in their own right. The arbitrator has the final word on resolving the dispute and his decision is generally win-lose (example: he awards one party as right and the other wrong).
(Non-binding Arbitration) An arbitrator is merely an observer who (in professional opinion) determines the rights of the parties. The role of an arbitrator in non-binding arbitration is, on the surface, similar to that of a mediator in mediation.
Differences in role of an arbitrator and mediator
Arbitrator | Mediator |
An arbitrator is a judge of the dispute and provides resolution measures which is binding on the parties | A mediator is more a facilitator who assists in developing options and achieving a mutually agreed resolution. He does not make a decision for the parties |