You mentioned to me that the store sometimes gives rain cheques when it is possible to restock an item that Loman`s can buy at a discount. In this case, the manufacturer had abandoned the coat line and Loman`s was not willing to sell other branded leather coats at such a drastic discount. They fear that if the buyer`s interpretation is respected, Loman`s would have to rethink its marketing strategies. Although you assumed that the advertised terms would only apply as long as inventory lasted, your listing did not contain such language. 2 They asked that law firm for their opinion on whether that purchaser could succeed in its action for failure to fulfil obligations. Legal advice is an absolute necessity in today`s business world, even if its value is disputed – KELLY A. LOVE1Partner, Kilpatrick Stockton LLP; P. University of Tennessee School of Law, 2007; B.S. University of Tennessee, 2003.
Nothing in this notice should be construed as expressing an opinion with respect to any representation or warranty or any other information or document relied upon in connection with this notice, except as expressly confirmed herein. This statement is limited to matters of law and practice mentioned herein and should not be construed as implicitly extending to matters not expressly mentioned. (2) This paragraph and the preceding paragraph contain legally significant facts – facts on which the author will base his analysis. The factual criteria for the regulation of tenders under contract law discussed in the following paragraph of the letter are the source of the legally significant facts. This opinion is addressed solely to you for the sole benefit of ABC CO. and may not be represented as reliable, used by any other person or for any other purpose. After reviewing the information you have provided as well as all the relevant laws of Tanzania, we are of the opinion that: Read this definitive guide on how to write a legal opinion perfectly to have a deep and clear understanding of how to write a formal legal opinion. The application of these legal rules to Loman`s advertising leads to the conclusion that the advertisement did not constitute an offer to conclude a sales contract and did not create a contractual obligation on the part of Loman. 9 In the present case, the advertisement did not specify the quantity of coats to be sold, but mentioned leather coats as the `manufacturer`s deadline`, which was sold at a significantly reduced price. 10 Furthermore, the advertisement did not contain any promise to sell the leather coats in exchange for a desired act or promise. 11 Furthermore, advertising does not give the public the right to choose a leather coat at comparable prices if the advertised coats were no longer available.
12 Although the buyer could argue in the present case that the advertisement did not contain restrictive language, such as the fact that the coats were on sale until stocks lasted, 13 the advertisement stated that the store, which opened at 7 a.m. on the day of the sale, was aimed at buyers early in the morning. With the announcement that “the early bird catches the savings”, the announcement implied that stocks would be depleted. 14 To avoid unnecessary typos when writing a legal opinion, you can use typing assistants. Here you can see how this tool helps me improve my legal editing by more than 110% in 11 weeks. and why you might need it too. 16) The author offers some preventive advice that deals with the possibility of future legal actions, and also discusses extra-legal factors – cost and time. 5.1 This notice has been given for the benefit and benefit of Better and may not be used in any manner by anyone other than the intended recipient without the prior written consent of the author. For the purposes of this notice, we have reviewed the following statutes that we have found relevant and that are relevant: (1) The introductory paragraph indicates the client`s problem, specifies the legal issue on which the client seeks advice and indicates the author`s conclusion. 5.2 This opinion is based on the information provided to us.
3.2 Question 2 If the Minister……………. is time-barred and therefore illegal After examining the relevant legislation, we consider that this is the case. The law ( …………………………. Reference is made to the interview and your email dated [date] in which you requested legal advice regarding duty relief on the temporary importation of equipment by you for exploration activities carried out by Better Co. Ltd benefiting from import exemption. Secondly, that you are concerned about the existence of legislation on the issue of ……….. The duties and powers of the Minister are clearly defined in section xx of the Act ……….-. After studying the clause, there is no clause that states that the minister ………….. 11) The author now turns to the second part of the rule, which requires a promise in exchange for a requested act or promise, and applies it to Loman`s facts. 2.0 LEGAL ISSUES: (Based on the letter of instruction) Whether the phrase “make a decision on it” is to be interpreted as agreeing or disagreeing with the decision of the committee. We have the opportunity to take the matter to court to get a decision on whether or not the Division intends to follow the path taken by the minister. We understand that Better intends to enter into a contract with your company to conduct drilling activities in the Better Licensed Area.
We also know that your company has equipment for this task, which is located outside the jurisdiction of Tanzania. We, the undersigned EDB and KDD`s lawyers, are preparing this legal opinion in accordance with your letter of instruction dated ……………………, with the file number …………….., in which you have duly informed us that you have been ordered by the Ministry to ……………….. have been informed orally that you are obliged to ………. 17) The author invites to a follow-up meeting with the client. 5.3 If the imported goods are intended for short-term use, the temporary importation may be considered temporary under the East African Customs Management Act (AECMA). However, this can only be for a period of 1 year and non-renewable. This is provided for in Article 117(i) of the EACMA. Goods intended for temporary importation or for purposes are exempt from import duties. The exemption shall only be granted upon application to the competent office in accordance with Form C17 in accordance with Article 132(g) of the EACMA Regulation. Importation also takes place only after the authorization has been granted by the competent official, who must ensure that the goods are used temporarily, and such authorization can only be granted after the importer has provided security for the amount of import duty to which the goods would otherwise be subject. It is at the discretion of the member to waive the bail requirement.
5.2 Exploration companies are generally exempt from payment of VAT on imports in accordance with point 8 of the Third Schedule to the VAT Act 1997. No VAT is therefore levied on these imports. However, from that particular perspective, TRA would apply for an exploration permit, which I believe would be the case with BETTER, but not your company. In addition, VAT is not a cost because it is only a transaction tax. In any case, your company will have to pay VAT on imports (as it does not hold exploration licenses), but it can recover the VAT paid as a refund, provided it is registered for VAT and has a VAT registration certificate. Suwyn, Siska & King Attorneys at Law 65-21 Main Street Flushing, New York 11367 (718) 340-4200 c.c. (To those to whom the letter of instruction was copied) In these circumstances, a court would likely apply the established law that a general advertisement simply listing items for sale is, at best, an invitation to negotiate and not an offer to enter into a contract. 3 The courts which have examined this question focus on two interrelated considerations. 4 In the first place, the question is whether the complaint is complete and final.
For example, if an advertisement with terms of sale did not contain the quantity of goods to be sold, a court held that the seller had not made a complete and final offer in all material respects. Thus, no contract has ever been concluded between the seller and a person who placed an order. 5 In summary, I consider that, on the basis of the facts set out in that letter, a court would conclude that Loman`s advertisement did not contain an offer to sell leather coats which a buyer could accept, but was at best an invitation to negotiate. Thus, no contract was concluded from this transaction. 15 In order to prevent Loman`s from facing complaints on this point in the future, I would recommend that Loman`s advertisements in future contain phrases such as “while supplies last”, “first come, first served” or “limited quantities – no substitutions allowed”. This way, Loman`s would tell buyers that there is no guarantee that they will be able to purchase an advertised or replacement item.
