Example sentences of "[prep] deal between the " in BNC.
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| 1 | ‘ Where a right , duty or liability would arise under a contract of sale of goods by implication of law , it may ( subject to the Unfair Contract Terms Act 1977 ) be negatived or varied by express agreement , or by the course of dealing between the parties , or by such usage as binds both parties to the contract . ’ |
| 2 | ‘ The matters to which regard is to be had in particular … are any of the following which appear to be relevant — ; ( a ) the strength of the bargaining positions of the parties relative to each other , taking into account ( among other things ) alternative means by which the customer 's requirements could have been met ; ( b ) whether the customer received an inducement to agree to the term , or in accepting it had an opportunity of entering into a similar contract with other persons , but without having to accept a similar term ; ( c ) whether the customer knew or ought reasonably to have known of the existence of the term ( having regard , among other things , to any custom of the trade and any previous course of dealing between the parties ) ; ( d ) where the term excludes or restricts any relevant liability if some condition is not complied with , whether it was reasonable at the time of the contract to expect that compliance with that condition would be practic-able ; ( e ) whether the goods were manufactured , processed or adapted to the special order of the customer . ’ |
| 3 | ( 5 ) This section is subject to any usage of trade , special agreement , or course of dealing between the parties . ’ |
| 4 | The price in a contract of sale may be fixed by the contract , or may be left to be fixed in a manner agreed by the contract , or may be determined by the course of dealing between the parties . |
| 5 | ‘ Where a right , duty or liability would arise under a contract of sale of goods by implication of law , it may ( subject to the Unfair Contract Terms Act 1977 ) be negatived or varied by express agreement , or by the course of dealing between the parties , or by such usage as binds both parties to the contract . ’ |
| 6 | ( 3 ) A retiring partner may be discharged from any existing liabilities , by an agreement to that effect between himself and the members of the firm as newly constituted and the creditors , and this agreement may be either express or inferred as a fact from the course of dealing between the creditors and the firm as newly constituted . |
| 7 | Schedule 2 to the UCTA 1977 provides that , in assessing the reasonableness of a clause under the Act , the court should take into account " whether the customer knew , or ought reasonably to have known of the existence and extent of the term ( having regard , amongst other things , to any custom of the trade and any previous course of dealing between the parties ) " . |
| 8 | The crucial factor in deciding if a course of dealing exists is the frequency of dealing between the parties . |
| 9 | The factors which the court is to take into account under Sched 2 are : ( a ) the strength of the bargaining positions of the parties relative to each other , taking into account ( among other things ) alternative means by which the customer 's requirements could have been met ; ( b ) whether the customer received an inducement to agree to the term , or in accepting it had an opportunity of entering into a similar contract with other persons , but without having to accept a similar term ; ( c ) whether the customer knew or ought reasonably to have known of the existence and extent of the term ( having regard , among other things , to any custom of the trade and any previous course of dealing between the parties ) ; ( d ) where the term excludes or restricts any relevant liability if some condition is not complied with , whether it was reasonable at the time of the contract to expect that compliance with that condition would be practicable ; ( e ) whether the goods were manufactured , processed or adapted to the special order of the customer . |
| 10 | Open price contracts are specifically provided for in ss8 and 9 of SGA 1979 which state : 8 – ( 1 ) The price in a contract of sale may be fixed by the contract , or may be left to be fixed in a manner agreed by the contract , or may be determined by the course of dealing between the parties . |
| 11 | These guidelines , although not exhaustive of the factors to be considered , include the following : ( a ) the strength of the bargaining positions of the parties relative to each other , taking into account ( among other things ) alternative means by which the customer 's requirements could have been met ; ( b ) whether the customer received an inducement to agree to the term , or in accepting it had an opportunity of entering into a similar contract with other persons , but without having to accept a similar term ; ( c ) whether the customer knew or ought reasonably to have known of the existence and extent of the term ( having regard , among other things , to any custom of the trade and any previous course of dealing between the parties ) ; ( d ) where the term excludes or restricts any relevant liability if some condition is not complied with , whether it was reasonable at the time of the contract to expect that compliance with that condition would be practicable ; ( e ) whether the goods were manufactured , processed or adapted to the special order of the customer . |