Commercial Law Problems with Solutions 2022

Running head: COMMERCIAL LAW
COMMERCIAL LAW
Name of the Student
Name of the University
Author Note

COMMERCIAL LAW1
Problem 1
Sub section 2 of section 14 as provided in the Sale of Goods Act of the year 1979 states
that the quality in relation to the goods and commodities sold should be acceptable and
satisfactory. This particular Act forwards an objective test in order to determine and decide the
satisfactory quality. The test provides the standard that any rational or reasonable individual
would consider to be satisfactory, after taking regard of description, the price and any other
pertinent factor. Certain factors shall be considered, which may decrease or increase the
expectation regarding satisfaction. For instance, in Bernstein v. Pamson Motors Ltd [1987] 2
ALL ER 220, it was said that second hand commodities or goods may appeal lower expectation.
In the case of R v Kylsant [1931], it had been mentioned that a misrepresentation shall be
considered to be a misleading or an untrue statement relating to fact, which has been made by
one party to the other, during the negotiations. Such misrepresentative statement must have
induced the other party to establish a contract.
Sub section 1 of section 21 as mentioned in the aforementioned Act provides that in a
circumstance where the commodity or the good has been sold by any individual who may not be
the actual owner, and who has no authority or consent to sell the good, then in such circumstance
the purchaser shall not have any title to such goods. This rule has been discussed in the case of
Greenwood v Bennett (1973).
i. In this instance, applying sub section 2 of section 14 as provided in the Sale of Goods Act
of the year 1979, it may be said that Mary shall have the accountability to fix and repair
the damages occurred to the car.

COMMERCIAL LAW2
ii. Applying the case of R v Kylsant [1931], Jack may file a suit against Mary by claiming
damages for misrepresentation regarding facts.
iii. In this instance, applying sub section 2 of section 14 as provided in the Sale of Goods Act
of the year 1979, it may be said that jack may file a suit against Mary for defective
product and the quality not fulfilling the statutory requirements of the aforementioned
Act. Applying Bernstein v. Pamson Motors Ltd [1987] 2 ALL ER 220, Mary may raise
the defense that second hand product appeal lower expectation in relation to the quality.
iv. Applying sub section 1 of section 21 as mentioned in the aforementioned Act, it may be
said that Jack shall have no title to the car, although he may file a suit against Mary for
damages.
Problem 2
Issue
The primary issue in the given scenario is whether Caroline would be successful
regarding her claim, and if she is able to succeed, then what damages may be received by her.
Rule
The case of British Leyland UK Ltd v Swift [1981] IRLR 91 is a significant case in
connection to the provided situation. In this specific case, a suggestion has been forwarded that
the question that should be asked by the judges is whether any particular reasonable employer, in
relation to the circumstances of the case, would have discharged or dismissed the employee.
The case of Airbus UK Ltd v Webb [2008] IRLR 309 shall be regarded as a relevant case
in connection to the provided circumstance. In this specific case, it was stated that an adequate