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Case Study: J & D Fine Arts Pty Ltd

Ans A.

i) The first term of the contract proposes to the fact that the parties will agree regarding the essence of time which must be considered under all the aspects of the construction activities and payments during work. It is important to know that in any contract certain terms are either implied by nature or expressed by law. The first clause can be a term of condition as well as warranty which imposes a particular fundamental term and can be considered as the heart of a contract. So the first clause of the contract can be considered as an innominate term as it only mentions the time is of the essence and no particular duration has been provided in the clause1. The second clause of the expressed condition and the third clause is the express warranty term. In the second clause the court will determine the remedies as the ....