Business Law Study - Sale Of Goods Act
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Added on 2020-02-17
Business Law Study - Sale Of Goods Act
Added on 2020-02-17
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BUSINESS LAW1
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INTRODUCTION Business law is being established towards bringing ethical as well as regulatoryframework in order to carry out commercial transactions. In other words it is considered as partof spectrum which is developed by the British parliament in order to regulate the commercialassociation among business and individual. It is boundation over the parties that engaged legalobligations of business law that is comprised of provision of acts such as Sales of Good Act,Competition act as well as Monopoly act (Akintoye, Renukapp and Lal, 2012). The present studyaims at offering knowledge as well as application of the law that is related with sale of goods,consumer credit, agency, monopolies and anti-competitive practices. The report also includesdiscussion of intellectual property rights that is related with all the business dealings. The reportwould discuss the legal rules on the consumer credit agreements as well as agency. The presentcase act as an aid in making evaluation of the statutory provisions on the buyer's and seller'sremedies. It employed the major principles that affects the lawful association among the businessand their target market. At the end the report covers the discussion on key provisions relatingwith trademarks, business names etc. TASK 11.1 Implied terms and recommendation to the entity associated with sale of good As per given case Ben desires to make purchase of new car that is advertised by cardealer's magazines. The mentioned channel of communication presented detail description of theparticular car that Ben selected and was second hand car. When Ben visited the dealer ofshowroom said that car doe not exists in the present showroom. Further in order to see the carBen would have to pay GBP 150 as amount in form of consideration. Ben made payment of theamount and took test drive. He likes the product and made immediate purchase. In contrast tosuch after the delivery while Ben was taking his family on trip in the car it was observed by himthat car engine temperature was increased and due to this reason it become necessary to put coldwater in the engine. Thereafter, car was carried out to the office of dealer and it was informed tothe relevant entity that relevant vehicle is owned by two entities and second owner has utilizedthe car as taxi cab (Bekkers, Duysters and Verspagen, 2002). There was rejection made by car3
dealer on sales return based upon the exclusion clause within terms and condition associated withsales. Through analysis of the case above it has been assessed that both buyer and seller havelegal obligations for the activity related with sales. Implied terms are presented within theSection 12-15 of Sales of good act 1979 that is comprised of follows:Section 12: The seller needs to have the possession of the product in order to transfer therights related with ownership. Section 13: The description of the product and actual product quality need to bereplicable. Further the product has to be of quality stated. Section 14: The product quality has to be such from which needs and wants of the buyerscan be meet (Bowyer, 2000). Section 15: It must be noted that area of driving was not appropriate in comparison to realrequirement. Due to this reason quality of product was not perfect during test drive. In accordance with the stated case it has been assessed that legal obligations of partiesengaged were not complied with in an effective manner. The dealer of car did not act inaccordance with the legal boundation. The quality of product was ineffective as well as faulty.The test drive did not present the actual outcome of product. Further the business intends atreducing the liability of the firm through introduction of exclusion clause within the contract(Campbell and Boothby, 2016). On the other hand exclusion clause would not be applied in thepresent case as it is contradicting directly the terms implied that is SOGS 1979. Therefore Benpossess the liability to claim for damages that caused to him because of product purchase. 1.2 Recommendation in respect to law that is related the shifting of property Business law divided the good into particular as well as unspecified products. The casedemonstrates that Ben has given detail and clear description of the goods within theadvertisement. Therefore it was particular good in accordance with the law. In contrast to thisunspecified product are one that are not particularly described by the seller. With the presentcase statutory obligations liable in accordance with Transfer of Property Act 1882 is comprisedof:Products for sales needs to be acceptable lawfully. 4
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