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Business Law Legal Rules Essay

   

Added on  2020-07-22

11 Pages3213 Words59 Views
BUSINESS LAW

Table of ContentsINTRODUCTION...........................................................................................................................1Question 1........................................................................................................................................1Legal rules on implied terms which are related to sale of goods and supply of services...........1Question 2........................................................................................................................................3Advices to Mr. John on the statutory provisions on transfer of property and possession...........3Question 3........................................................................................................................................4Statutory provisions on buyer's and seller's remedies in sale of goods contracts.......................4Question 4........................................................................................................................................6Applicable product liability statutory provisions for faulty goods.............................................6CONCLUSION................................................................................................................................7REFERENCES................................................................................................................................8

INTRODUCTIONBusiness law encompasses all other the laws which governs on how to run or form abusiness. It directs how to start, buy, sell manage or close any type of business. The givenscenario of Mr. John reveals that a TV set purchased by him proved to be faulty after 3 weeks.The seller claimed that he will not be addressing any defects after the process of installation.Various provisions have been discussed in the report in order to help Mr. John. The reportdiscusses about legal rules implying to sale of goods and supply of services. It further discussesabout statutory provisions involved in transfer of property and possession. In the end, variousproduct liability statutory provisions for faulty goods are discussed in the report. Question 1Legal rules on implied terms which are related to sale of goods and supply of servicesAccording to the case, Mr. John brought a TV set from a departmental store which wasclaimed to be of high quality, durable and value for money product by the manager. However,Mr. John discovered a flash and puffs of smoke coming out from the TV set after 3 weeks of itspurchase. Therefore, out of his dissatisfaction from the purchase, he came to the departmentalstore to make complain against it. As the TV set is not of satisfactory quality, Mr. John can claimfor replacement or repair according to the terms and conditions being signed at the time ofpurchase. According to section 13(1) of sale of goods act, 1979, a contract on sale of goods bydescription says that the goods being sold should match the description being provided by theseller to the purchases (Allen and et. al., 2016). Section 14 is relevant in the case which talksabout goods should be satisfactory quality taking account of description, price and all therelevant circumstances. The product should match the following features when it is sold:Fitness in all purposes for which the product has been sold.Appearance and finishFree from minor defectsSafetyDurabilityBased on the above factors, it is judged whether the product being sold meet all theexpectations or not. Discrepancy in any of the above factors lead to breach of contract resulting1

the right of the consumer to get replaced or repaired product. Mr. John have faced two factorsfrom the above, the product was not free from defects and it doesn't prove to be durable. Itresults to the breach of contract of sales of goods. According to section 11 of supply of goods and services act, 1982, there are variousservices that are attached when a consumer purchase a product which comes under certaincategory (Babu and et. al., 2017). Some services included with the goods are:Repair of goods where parts can be replacedInstallationWarranty for specified yearsReplacement in case of irreparable goodsMr. John is facing problems with repair and replacement of TV set as he signed adocument which claims that the store doesn't take any responsibility for malfunction of theproduct supplied and installed. However, according to the consumer right act 2015, the consumergets protection if the store has not followed basic rules and regulations of sale and supply ofgoods. It is mandatory for the manufacturers and sellers to ensure that the product is safe and fitfor purpose (DiMatteo and et. al., 2016). It is the duty of the seller to make the customer awareabout the complication attached to it. It has not been conveyed to the consumer then it comesunder the legal obligations where he is liable to replace the product or give the money back to thecustomer. The main responsibilities of seller to ensure that the product is safe by:Warning consumers about the product's potential risksProviding relevant information to help the consumers understand the risksMonitoring the safety of the product.Taking necessary actions if a safety problem is found in the productAll the sellers are required to follow the above basic rules of risk and safety assessment.Flash and puff of smoke was notices in the TV set of Mr. John which clearly confirms that thebasic safety regulations were not considered and potential risk was not conveyed to him.Therefore, even if Mr. John had signed that document saying that the seller is not liable for anymalfunction, he is liable to replace the TV set or refund the paid amount to him. 2

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