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Law for Commerce Introduction

   

Added on  2020-12-18

8 Pages2681 Words60 Views
Introduction to Law forCommerce

Table of ContentsINTRODUCTION...........................................................................................................................1Transfer of risk once goods left from CTFs delivery area...........................................................1Remedies available to Melissa and Misha...................................................................................1Liability of Delivery Fiji to Melissa, Smith and Misha...............................................................2Remedies and defences will delivery Fiji advance in favour......................................................2Arguments given by CTF advance in its favour to dispute various allegations..........................3CTF exemption from all liabilities..............................................................................................3Smith’s position with respect to insolvency................................................................................4Indulgence of CTF and Delivery Fiji in deceptive and misleading commercial practices..........4CONCLUSION................................................................................................................................5REFERENCES................................................................................................................................6

INTRODUCTIONSale of goods act helps in understanding the provisions with respect to buying and selling ofgoods. The report makes comprehensive discussion regarding Transfer of risk once goods leftfrom CTFs delivery area. The report will then focus on various types of remedial measures thatcan be taken in case of Melissa and Misha. The report then discuses regarding Liability ofDelivery Fiji to Melissa, Smith and Misha, that is, all the three parties involved in differentcontracts with respect to buying and selling of goods. In the end, measures available with respectto the solvency of Smith will also be taken into consideration by CTF.Transfer of risk once goods left from CTFs delivery areaThe cases discuses regarding Melissa, Smith and Misha, who were about to get deliveryfrom Ceramic Tiles Fiji. However, due to certain issue in the delivery being arranged by thecompany from services of Delivery Fiji (Karan, 2015). The risk can be transferred from onindividual to another as per the sales of goods act of Fiji, when it is ultimately delivered to thecustomers. Since, delivery already lies in the hands of the organization, it is their duty that thegoods can ultimately be transferred to the clients in the end. Further, it must also be taken intoconsideration that the goods already left the destination of CTF where, the responsibility lies inthe hands of the organization to ensure that the goods are ultimately delivered appropriately tothe ultimate customers. Further, transferring risk or goods to the other individual can only be possible in the casewhen the possession of it has not been transferred to him or her. Hence, it can be stated that therisk of goods cannot be transferred once they left from CTF delivery area unless and until thedelivery of the same has not be initiated and handover of the goods have not been provided to theultimate customer (Khatri, 2016). In the given case scenario, possession of the goods is not yettransferred to the customers. Hence, it can be stated that the risk can not be transferred oncegoods left from CTFs delivery area. Remedies available to Melissa and MishaSince, right deliveries have not been able to reach to Melissa and Misha, in this scenario,there are various remedies which are available to Melissa and Misha which can be taken intoconsideration by them. They have right to sue CTF for receiving no or wrong deliveries.Damages can be claimed by the parties stating that the ultimate delivery received by Melissa isnot appropriate as she did not receive the colour which was actually ordered by her. However, on1

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