Sales Of Goods Act 1979 Law Assignment
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Added on 2019-12-28
Sales Of Goods Act 1979 Law Assignment
Added on 2019-12-28
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BUSINESS LAW
TABLE OF CONTENTSIntroduction......................................................................................................................................3Task 1...............................................................................................................................................31.1 legal rules on implied terms relating to sales of goods act and supply of services...............31.2 Statutory provisions on the transfer of property and possession...........................................41.3 Statutory provisions on buyers and sellers remedies in sales of goods act...........................41.4 Product liability statutory provision......................................................................................42.2 Legal rules, termination rights of Peter his rights and responsibilities..................................5Task 2...............................................................................................................................................52.1 Difference between types of credit agreements.....................................................................52.3 Difference between several types of agents...........................................................................62.4 Rights and duties of an agent.................................................................................................63.1 Monopolies and anti-competitive practice legislation...........................................................73.2Role of competition commission............................................................................................73.3 Dominant positions within EU common market...................................................................73.4 Application of EU exemptions to potentially anti competitive practices..............................84.1 Identify several forms of intellectual property......................................................................84.4 Compare and contrast protection of trademarks and business names...................................8Task 3...............................................................................................................................................84.2 Principals related to protection of inventions through patent rights and their infringement.84.3 Principals related to copyrights..............................................................................................9Conclusion.......................................................................................................................................9References......................................................................................................................................102
INTRODUCTIONBusiness law is the term which explain rights and duties of both parties those who areinvolved in the contract. It is the regulatory frame work that helps in running business legally inorder to avoid future consequences. Present report is based on different cases which are faced byMrs. Smith (Forrer and Katsos, 2015). Current assignment will discuss the rules of sale of goodsand supply services. It will evaluate the rights and duties of an agent. In addition, study willdescribe the key provisions relating to intellectual property rights.TASK 11.1 legal rules on implied terms relating to sales of goods act and supply of servicesSales of goods act 1979 is the act which regulates the contract of sold and bought. In thecase 1 it is shown that Mrs. Smith has paid for second hand hair dresser for its saloon. Afterexamining the goods she has agreed to buy it. But in the moving process the hairdresser getdamaged (Xie and Chaipoopirutana, 2014). Sales of good act explains that it is the responsibilityof seller to deliver the perfect goods. So in the moving process product get damaged so Mrs.Smith is entitled to claim the case against the seller. According to case 2 curio r was notdelivered to the hand of lady. Carpet was stolen before its reached to final user. According tosales of goods act 14 (3), it is the duty of seller to provide fit goods to the buyer. If not thenindividual will be liable for compensation. In this condition it can be suggested to Mrs. Smith toclaim the seller because individual has send unfit goods to the lady (Nica, 2013).As per the case 2, final carpet is not being received by the Mrs. Smith and it was stolen.Sales of goods act implied term explained that until goods transfer to the user it is theresponsibility of seller. As per the case 3, straightener was damaged so under the warranty ofsales of goods act, it is the responsibility of seller because individual has given faulty goods tothe lady. Section 15 and 14 of this act says that if test drive is differed from actual portrayed thenindividual can claim against the seller (Veblen, 2015). According to case 4, Peter will have topay the amount of installment because individual has made contract with the Alf & Son. From the cases it can be said that seller has not acted according to legal boundary. As testdrive of straighter is not actual as it was tested. So Mrs. Smith has full rights to claim against theseller as per the implied rules of sales of goods act (Newburn and Stanko, 2013).3
1.2 Statutory provisions on the transfer of property and possessionAccording to the give cases of Mrs. Smith several statutory can be applied:Section 16: It stat es thatownership of goods can easily be transfer if it is ascertained. Section 17: Goods will get transferred to other party as per their intention.Section 19: It gives rights to seller of disposing title which is supply to buyer.Section 20: Risk will get passed with ownership of goods (Glenn, 2014).1.3 Statutory provisions on buyers and sellers remedies in sales of goods actRemedy of Mrs. SmithBuyer has right to claim against the seller for damage or for faulty goods. In the presentcase Mrs. Smith has received faulty hairdresser and faulty straightener. So she can claimfor repai or replacement of goods.Mrs. Smith can obtain the order for performance of purchased products. As the straighterwas not performing well so she is liable to replace nor refund.She can claim for liquidated damages as well (Shackelford and et.al, 2015).Remedy of Alf & SonsAs son of Mrs. Smith has lost his job and if seller got this news then seller has rights tostop the goods in the transits. Alf & Sons can caught car because Peter is unable to payinstallment on time.Seller can also cancel the order of selling the goods.Seller has rights of re covering the goods if Peter doesn't pay installment on time.Alf & Sons can forfeited the contract. As son of Mrs. Smith has lost his job t hen he isunable to make payment thus, seller has right to forfeited it (Fabiani and Sbragia, 2014). 1.4 Product liability statutory provisionAs in the case of straighter it was found that it was faulty. Defective goods can beexplained as there are some mistakes or shortcoming in term of quality or quantity. Productsliability rules are ; consumer protection act 1987, contract and tort. Consumer protection actshows that once Mrs. Smith has proved that good is defective then she would not have to proveany thing else. She would have to explain that straighter was perfect at the time of makingpayment but when she has used once, product found faulty (Cavitch, 2016). 4
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