Combined sole discretion means keeping a secret. The phrase by reference means ‘ in relation to or as regards’ . Passive conduit comprises of two words ‘ passive’ and ‘ conduit’ . Passive means without active resistance or response whereas conduit refers to something or someone that is used as a means of sending something from one person or place to another (Merriam-Webster 2014; Oxford English Dictionary 2008). The phrase “ as is” means in the present existing condition without change or amend. Express conditions are those that are agreed between the parties themselves, implied conditions are those that are inferred from actions, signs or facts, or by silence or inaction whereas statutory are those stipulated by the law (e-lawresources. co. uk 2014; Gulshan 2012).
A good case in point when companies conduct businesses in foreign countries-they impliedly agree to be bound by the statutes or laws of the foreign country and to be subject to the jurisdiction of the foreign state.
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