Report on Act of Sales Good and Breach of Warranty
Added on 2020-06-03
13 Pages4089 Words162 Views
Business Law1
Table of ContentsINTRODUCTION ..........................................................................................................................3TASK 1............................................................................................................................................31.1 Advising Ben on legal rules...................................................................................................31.2 Advising Ben with respect to provision on transfer of property ...........................................4TASK 2............................................................................................................................................52.2 Types of credit agreements ..................................................................................................52.2 The legal rules on termination rights and default notices for Ben ........................................62.3 The general features of Agency and differences between the various types of agents..........72.3 rights and duties of an agent to assist Ben.............................................................................7TASK 3............................................................................................................................................83.1 the monopolies and anti-competitive practice legislation.....................................................8P3.2 The role of the Competition Commission .........................................................................83.3 dominant positions within the EU common market .............................................................93.4 Instances under EU Law........................................................................................................9TASK 4..........................................................................................................................................104.1 Forms of Intellectual Property Rights..................................................................................104.2 Principles relating to protection of inventions.....................................................................104.3 Principles for protection of copyrights................................................................................114.4 Protection of business names and trademarks:....................................................................11CONCLUSION..............................................................................................................................12REFRENCES.................................................................................................................................132
INTRODUCTION There is a trend of purchasing new item or product but while buying or selling goods onemust follow the act as not accept without proper documenting. As sales of act tells everythingrelated to buyer's and seller's responsibility. Under this report, Ban's buy new car but after sometime it got damaged but he did not know how because while buying car was in propersatisfactory condition. In this report,how act of sales good, breach of warranty, product liabilityare help in choosing the right decision . This report also present different types of creditagreement and termination rights and default notice in case if a person face problem in futurepaying debts. This report also shows different types of agency and rights of agent who assist orhelp to get the problem solve. This entire report help to understand the legal rules relating tosales of goods, consumer credit and agency and law based on it.TASK 11.1 Advising Ben on legal rulesLegal rules which should be follow while sale of the product and supply of service are, assale of goods follow the act 1979 which deals with quality of the car should be satisfactory andwhen Ben purchase it is actually in good condition. Purpose to buy the product should be clear ashe purchase it for particular motive. Then comes delivery time of the product is perfect, there isno delay in the work (Brotton, 2018). In the case, party is mistaken to follow the rules given inthe contract then it is the right of buyer to take an immediate action when found breach ofcontract. The implied term in contract of supply are extremely diverse. It may be implied bytrade of prior dealing between both the parties, same in the case of Ben while installing anyplant, 40 percent should be paid at the time of instalment and remaining payment will be doneafter installing complete plant and there should be some amount will be take by the customerswhich return after completing guarantee period. On contract there should no any kind of unfairterms which have no need to mention . When Ben purchase the car, he checks the quality, systembut not found any mistake but while driving he suffer from many problems. There should not beany boundation while selling the product or item and when Ben purchase car he follow all theinstruction and keep all the safety measure in his mind to keep the car for long term.3
1.2 Advising Ben with respect to provision on transfer of propertyAs per the implied term, the property in the goods and service are transferred from theseller to the buyer when it have the rights over the goods. Transfer of property and possession isdone due to following reason – ownership, risk follow ownership, action against third parties andsuit for price but in the case of Ben, transfer cannot be done because transfer of goods is in thecontract of sale, but Ben's will not use this act because under this act, if the property or car findascertained then only transfer can be done but when Ben purchase it from the showroom , carwas proper working condition. Next contract of pass property should be done when a sale of anyascertain item is done then buyer must contract in any circumstances they must transfer it iffound any damaged. Transfer of goods act is applied at the moment when seller sale his productto the buyer similarly ownership also passes to buyers. Next, when the property is found indamaged condition and all the risk bear by the person wo has the ownership whether they arebuyer or seller (Bridge, 2017). When the property cause any harm by third party then only theowner has take any action against them. If the seller can make appeal to the buyer for price of theproduct and if agreed then god will became the owner of the product. In case of insolvency thenthe product is assigned to the official receiver if the property is actually relate to the person whonow proved to be insolvent. The main aim of transfer the property is detention of the goods orcontrol of goods. 1.3 Remedies with respect to sale of goods contractStatutory provisions on seller's remedies in sale of goods contracts are :suit for price : while buying a property, seller must recover the payment according to contract orpartly at the time of delivery in the form of cash and partly when work is completed, if eitherpayment is not given then seller has right to sue the buyer.Damage for non – acceptance : under section 57, Sales of Good Act when buyer refusing toaccept the goods and ready to pay for it, then seller may appeal the buyer form non – acceptingthe property. If breach of contract occurs between them and the party who damage the propertyis ready to pay then it means tat both parties are ready to enter in the contract.Provisions which are made for the buyer's remedy in sale of goods contract are :4
End of preview
Want to access all the pages? Upload your documents or become a member.
Related Documents
Case Study on Business Law - Doclg...
|17
|5191
|33
Report on Business Law Case of Benlg...
|20
|4743
|80
Business Law INTRODUCTION 4 TASK 14 1.1 Analyse and Ben on the Legal Rules of Implied Termslg...
|14
|5744
|174
BUSINESS LAW INTRODUCTION 4 TASK 1: Sale and purchase of goods and serviceslg...
|17
|5324
|116
Rules and Regulations Adopted by Businesslg...
|14
|5495
|33
Project Report on Business Lawlg...
|12
|3252
|36