Contract Analysis of Sale of Goods Agreement 4 – 5 paragraphs Within paragraphs talk about only 3 clauses (sections) out of the 9 provided and how they relate to a Sale of Goods AgreementSections are seen on the “Sale of Goods Agreement” fileExample of a how a clause (section) should look is on the “Contract student example clause” file The first clause I will discuss from this contract is
the force majeure clause from the Damage To
Property section of the contract. According to page
590 in the seventh edition of Business Law, a force
majeure clause is a French term meaning
impossible or irresistible force…force majeure
clauses commonly stipulate that acts of God, such
as floods, fires, or catastrophic accidents, may
excuse a party from liability for nonperformance
(Miller). In the Damage To Property section of the
contract Contractor shall not be held responsible for
damage caused by owner or owner’s agent or
owner’s employees; or acts of god soil slippage;
subsidence, landslides, fire; earthquake; stormy,
inclement or abnormal weather conditions; rain or
water damage to owner’s property, riot; or civil
commotion or acts of public enemy; and all acts,
events or occurrences beyond the control of the
contractor. What this means is that if for example,
an earthquake occurs, the people working on the
house are allowed to stop working without being
held accountable for nonperformance. Any sort of
unpredictable event has the same standard. This
clause gives the workers an excused delay and also
extends the deadline so the workers are not
pressured and have to rush to complete the project.
Most home improvement and similar type service
contracts have this cause because nobody knows
what will happen.
Purchase answer to see full
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