...A) Evaluate the implied terms in the sale of goods Act (1979) and the supply of Goods and Services Act (1982) Implied terms is statutory legislation inserted into consumer contracts and provides basic provisions that are set forth to ensure that consumers are protected when purchasing goods or a service. These terms are not explicitly stated, meaning despite no mention of them still apply they. The Sale of goods act 1979 is a vital element in all consumer contracts, providing five crucial implied terms which are as followed; S12 Title. This gives the consumer the ability to become the legal owner and also the right to claim money back. The case of Rowland v Divall Stolen car highlights how this is applied to the law. It appears that this term is beneficial as it protects both parties throughout business transactions. However it may be suggested that S12 definition ‘enjoy quiet possession of goods’ is unclear as well as too vague allowing room to be exploited for fraudulent reasons. Section 13 Description is a breach warranty introduced by Sand Supply of GA 1994, its main purpose being to ensure that the description of a product accurately matches the actual item ultimately making the product is fit for purpose. This appears good as it protects innocent buyer//////////// This implied term distinguishes clearly between the buyer and seller providing understanding about the goods purchased by consumers’ as shown in the case of Harlingdon & Leinster Enterprises Ltd v Christopher...
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...Sale of Goods National Law School of India University Law of Contracts II Transfer of rights under the Sale of Goods Act Submitted by: Shivendu Pandey Id No.- 1928 Date of Submission: 13th April, 2011. Table of Contents Introduction 3 Transfer of rights under the Sale of Goods Acts 4 What is a Sale? 4 Essentials of a contract of sale 4 Definition of property 4 Transfer of property as between seller and buyer 5 Passing of Property or Transfer of Ownership 5 Property cannot pass until the goods are ascertainable 6 Distinction between transfer of property and delivery of goods 7 Property passes when intended to pass 8 Ascertained goods 10 Passing of property in specific goods 10 Ownership in unascertained goods 11 Transfer of Title by Person not the Owner 12 Doctrine of Nemo dot quod non habet 12 Exception to the General Rule 12 Conclusion 14 Introduction Mercantile laws are laws that govern trade and commerce. These laws essentially deal with the rights and obligations of the parties to a mercantile agreement. In India, there are various mercantile laws like the Contracts Act, the Partnership Act dealing with particular mercantile relations. The Sale of Goods Act is one such act which deals with the contract of sale. Originally, the law relating to sale of goods or movables was contained in chapter VII of the Indian Contract Act, 1872. The Indian Contracts Act embodied the simple and elementary rules relating to the sale of goods. It was...
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...Law of Contracts II Transfer of rights under the Sale of Goods Act Submitted by: Shivendu Pandey Id No.- 1928 Date of Submission: 13th April, 2011. Table of Contents Introduction 3 Transfer of rights under the Sale of Goods Acts 4 What is a Sale? 4 Essentials of a contract of sale 4 Definition of property 4 Transfer of property as between seller and buyer 5 Passing of Property or Transfer of Ownership 5 Property cannot pass until the goods are ascertainable 6 Distinction between transfer of property and delivery of goods 7 Property passes when intended to pass 8 Ascertained goods 10 Passing of property in specific goods 10 Ownership in unascertained goods 11 Transfer of Title by Person not the Owner 12 Doctrine of Nemo dot quod non habet 12 Exception to the General Rule 12 Conclusion 14 Introduction Mercantile laws are laws that govern trade and commerce. These laws essentially deal with the rights and obligations of the parties to a mercantile agreement. In India, there are various mercantile laws like the Contracts Act, the Partnership Act dealing with particular mercantile relations. The Sale of Goods Act is one such act which deals with the contract of sale. Originally, the law relating to sale of goods or movables was contained in chapter VII of the Indian Contract Act, 1872. The Indian Contracts Act embodied the simple and elementary rules relating to the sale of goods. It was felt to be inadequate to deal with the development...
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...SALES OF GOODS QSTN: Identify and discuss four remedies of a buyer of a defective product under the digital platform of OLX. The OLX platform is an advertisement of goods to be sold, and descriptions of goods are set out there. For a binding contract to be formed, a definite offer must be followed by unequivocal acceptance . An offer is an expression of willingness to contract made with the intention that it shall become binding on the offeror as soon as it is accepted by the offeree. An invitation to treaty is where a party invites offers, which she is then free to accept or reject. In fisher v Bell Lord Parker CJ stated: ‘it is perfectly clear that according to the ordinary law of contract the display of an article with a price on it in a shop window is merely an invitation to treat. It is in no sense an offer for sale the acceptance of which constitutes a contract." Advertisements of goods for sale are normally interpreted as invitations to treat. In Patridge v Crittenden it was held, although it was an offence to offer for sale certain wild birds. The defendant had advertised in a periodical 'Quality Bramblefinch cocks, Bramblefinch hens, 25s each'. His conviction was quashed by the High Court. Lord Parker CJ stated that when one is dealing with advertisements and circulars, unless they indeed come from manufacturers, there is business sense in their being construed as invitations to treat and not offers for sale. On this basis it is reasonable to conclude that since...
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...| SALE OF GOODS ACT, 1930 | | | master of finance and control (Part 1) September 30, 2011 Submitted by: Nishtha Tewari-2506 Aditi Rao-2560 Jasmeet Kaur-2562 SALE OF GOODS ACT, 1930 ACKNOWLEDGEMENT We would like to extend our gratitude towards Dr. Nidhi Jain for her guidance and constant supervision as well as for providing necessary information regarding the project & also for her support in completing the project. SALE OF GOODS ACT, 1930 CONTENTS I. Contract of Sale of Goods II. Overview III. Characteristics of a Contract of Sale of Goods IV. Sale v/s Agreement to sell V. Sale v/s Hire Purchase VI. Sale v/s Contract for Work and Labor VII. Kinds of Goods VIII. Perishing of Goods IX. The Price X. Modes of Price fixing XI. Agreement to sell at Valuation XII. Earnest or Deposit XIII. Stipulations as to Time XIV. Document of Title of goods XV. Conditions and Warranties XVI. Misrepresentation and Stipulation XVII. Conditions v/s warranties XVIII. When condition can be treated as warranty XIX. Implied Conditions XX. Warranties XXI. Implied Warranties XXII. Doctrine of Caveat Emptor XXIII. Exceptions to Doctrine of Caveat Emptor HISTORY BEHIND THE ACT * Sale of Goods act is a very old mercantile law. The Contracts of Sale of Goods was initially covered in Indian Contract Act, 1872 (Chapter V11) * Since the Indian Contract Act itself was a part...
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...THE SALE OF GOODS ACT Contract of sale: A contract of sale of goods is a contract where by the seller transfers OR agrees to transfer the property in the goods to the buyer for a price. Such a sale may be absolute OR conditional. Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is termed as sale. Where the transfer of property in the goods is to take place at a future date OR after certain conditions are fulfilled the contract is termed as an ‘agreement to sale’. An agreement to sale becomes a sale after the expiry of the time agreed upon OR after the condition is fulfilled. Essentials of a contract of sale:- 1) Parties: The buyer & the seller who must be competent to contract. 2) Goods: The contract must be in respect of the sale of goods. 3) Transfer of ownership: There must be a transfer of ownership from the seller to the buyer i.e. the buyer becomes the owner of the goods after sale. 4) Consideration: Consideration of a contract of sale is always in terms of money. 5) Form: For a contract of sale there is no particular form prescribed. It can be in writing OR oral. 6) A contract of sale may be absolute OR conditional. A contract of sale is of 2 types:- When it is absolute the ownership of the goods is transferred to the buyer. Such a contract is termed as a sale. When the contract is conditional the ownership of the goods is transferred...
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...There is a contract for the sale of goods ("Bombshell" hair dye) between Lulu and the hairdresser. (a) A sale of goods by description occurs where the buyer purchases goods on the basis of a description of the goods by the seller. The hair dye did correspond with the description, despite the fact that it did not work properly. Thus, there has been no breach of this implied condition. (b) Merchantable quality means that the goods must be saleable commercially under the description by which they were sold. In order for this condition to apply, the following criteria must be satisfied; * the sale must be by description * the seller must be a seller who deals in goods of that description The criteria are satisfied because the description was for "blonde hair dye" and a hairdresser deals in goods of that description. As the blonde hair dye did not dye Lulu's hair blonde, it breached the condition of merchantable quality. (c) Fitness for purpose the relevant criteria for this condition are; * the buyer must communicate to the seller the purpose for which the goods are required (unless the goods have only one purpose) * there must be reliance on the seller's skill or judgement * the goods must be of a kind that are in the course of the...
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...CONTRACT FOR THE SALE OF GOODS This Contract for the Sales of Goods (the “Sales Contract”) made on November 02, 2012, BETWEEN: Giant (The “Seller”), a corporation organized, and existing under the laws of the Province of Ontario, Canada with its head office located at: Doon Valley, Kitchener, Ontario, X8X 9X9, Canada AND: Universal (the “Buyer”), a corporation organized, and existing under the laws of the Province of Ontario, Canada with its head office located at: Maroon Valley, Kitchener, Ontario Z0Z 2A3, Canada 1. SALE OF GOODS Seller shall sell, transfer and deliver to buyer on or before November 02, 2013 the following personal property: Sixty Seven Thousand, five hundred (67,500) Motor Units 2. CONSIDERATION Buyer shall accept the goods and pay the sum of $18.50 per unit 3. IDENTIFICATION OF GOODS Identification of the goods to this agreement shall not be deemed to have been made until both buyer and seller have specified that the goods in question are to be appropriated to the performance of this agreement. 4. PAYMENT ON RECEIPT OF INVOICES TERMS: 5/30 NET 60 DAYS 5. RECEIPT CONSTRUED AS DELIVERY Goods will be deemed received by the buyer when delivered to buyer at each of the six (6) locations (FOB: DESTINATION) 6. DELIVERIES - Deliveries are to be completed within 48 hours of order placement to all six plants - Late orders will have the following fines levied on the Seller (except where an act of God is the reason...
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...The Good and bad of Sales Representatives Christopher Kelton BUSN115: Introduction to Business and Technology Professor Jay Egger DeVry University 5 April 2014 The Good and bad of Sales Representatives Introduction The purpose of this paper is telling my experiences with sales representatives. It begins with my most memorably good experience and moves to my most memorably unpleasant experience. I then compare the two to further illustrate the difference in the two. Next we examine in further detail the reasons one made me feel good and one made me feel uncomfortable. Most Memorable Experience My best experience as of late with a sales person was when I went to buy tires at Pep Boys. The sales person made the experience a pleasure. I went in with an idea of the style, type, and purpose I needed the tires to be able to accomplish. When I talked to the sales associate he listened to me and put together options of tires the met and exceeded my requirements, weather they were in the store of from another company. He explained the differences in the tires and how they were quality rated and ranked the according to best suited and price. We discussed the options and he even tried to get a lower price online just to make sure he was not over charging me. It shows that he was looking out for the customer and portraying the company in a good way by insuring loyal customers that feel like they are being taken care of both at the start of the sale and after...
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...Does Good Branding Result in Good Sales? Introduction It is all about the Brand, a typical consumer mind speaks when talking about a product. Interestingly, it is not always consistent that a consumer will buy “Branded” products as labelled by the company but in fact buys the products which he/she labels as a “Brand” according to his/her perception and leaves all the companies in search of a magic wand that can propel the sales of their products labelled as a good brand. Hence the million dollar question “Does good branding result in Good Sales?” The paper examines how branding actually resulted or didn’t result in good sales. Before answering the question stated above, let us establish a common understanding of a Brand and consumer perception of the brand and yes it starts with a question. What is a Brand? The simplest answer is that a brand is a set of associations that a person (or group of people) makes with a company, product, service, individual or organisation. These associations may be intentional – that is, they may be actively promoted via marketing and corporate identity, for example – or they may be outside the company’s control. For example, a poor press review for a new product might ‘harm’ the product manufacturer’s overall brand by placing negative associations in people’s minds. As stated by a Branding guru (source unknown) “If Coca-Cola were to lose all of its production-related assets in a disaster, the company would survive. By contrast, if all consumers...
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...The good quality Bolted Steel Silo for sale now, and now it also has the best price. Win Tone Bolted Steel Silo has more good features, just as following: 1. Light weight Only 1/4--1/5weight of the concrete silo with the same capacity. 2. Mold production Produce according to the same standard and light degree of standardization. 3. Interchangeability All components are connected by high intensity and interchangeable bolts. 4. Large capacity range Silo with large capacity range from 5t to 16000t can be made. Win Tone machinery Manufacture Co.,Ltd is a large manufacturer of different kinds of steel silos, flour milling machines, oil processing machines and so on. Lushan Win Tone Machinery Manufacture Co., Ltd. specializes in producing corn processing equipment, such as corn cleaning and peeling plant, maize milling plant, corn germ extraction line, corn grits and flour production line, high gluten corn flour production line, corn puffed food production line, high fructose corn syrup line and so on. The company has a new modern standard workshop of 96,000 ㎡, which owns first class coarse grain processing and manufacturing equipments as well as a national technology research and development center. It is a leading company integrated with research, manufacture and marketing of grain projects. Win Tone has a modern manufacturing base, a precision casting factory, a research and development center for grain, oil and starch syrup processing lines and an international trade...
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...means passing of title and ownership of the goods from the seller to the buyer. Usually, passing of property happens when some sale is made. In this matter, it is very important to identify when exactly the ownership/title has passed from the seller to the buyer. Also, possessor may not be an owner. The general rule is that only a person with title can pass good title to another person. The meaning of ownership was defined in section 61as the general property in the goods. The conclusive purpose of a contract for the sale of goods is to pass ownership of goods from the seller to the buyer. First of all, it is important to consider whether the goods are specific goods. Specific goods are determined under section 61 as the goods which are agreed and identified upon at the time a contract of sale is made. In the case Kursell v Timber Operators the Court held that if at the time the contract was made, the goods were not identified then the goods were not specific, i.e. all goods being sold must be identified. Therefore, it will not form the contract for sale of specific goods. Also, the similar decision was held in the case Re Wait, where the Court of Appeal held that the goods were not specific goods because there was no ascertainment or identification. However, if there was not contract of the specific goods than it must be the contract of unascertained goods. Section 17(1) states that property in specific goods or ascertained goods will transfer to the buyer when the parties...
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...false assumptions. A mutual mistake of material fact was made. From the information provided it does not seem it was done intentionally by the sales person so the contract can be rescinded. If the buyer, Josh Hartly, agrees to purchase a car with the new engine that is being manufactured then both parties can continue with the sales contract. One thing to be aware of would be the price difference, if any, between the 3.2 L V-6 engine car and the 3.5 L V-6 engine car. Under certain circumstances, nondisclosure serves to make a contract voidable. As a general rule a party to contract has no duty to volunteer information to the other party. So if information was not asked for the nondisclosure of said information does not impose fraud liability or impair the validity of the contract. There are however exceptions to the general rule. In some states the seller must disclose the information of a serious defect or condition to the other party if it is unknown to them or unlikely they will discover it. But if the seller has no knowledge of the serious defect or condition, they cannot be held liable for failing to disclose it (Jennings & Twomey, 2014). With the information provided, I do not believe that either party acted unethically. The sales person was not aware of the change made by the manufacturer. Though I believe it is the job of the sales person to be up to date on the products he or she sells. More information would be needed, such as was this a recent change made to the engine...
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...There are a number of laws which are enforced when it comes to the regulating sales promotion. There are different acts which ensures the promotion of sales is equal and business follow. Sales promotion the regulatory framework Introduction The introduction should be designed to attract the reader's attention and give her an idea of the essay's focus. Main Body Express and Implied Terms 1. Define express terms and implied terms Key Cases: Ashmore v Lloyds, Spring v National Amalgamated SS & Dockers, Hutton v Warren, Spurling v Bradshaw & Schweppe v Harper 2. Terms implied by Statute: Sale of Goods Act, Supply of Goods Act 3. Terms implied by Common Law: Liverpool CC v Irwin & Scally v Southern Health Board 4. Distinguish between Conditions and Warranties Key Cases: Bettini v Gye & Poussard v Spiers & Pond Exclusion and Limitation Clauses 5. Define an exclusion clause Key Cases: Thompson v LMS (contractual documents), L’Estrange v Graucob (signed contracts), Spurling v Bradshaw (unsigned contracts and notices) 6. Fundamental Breach: Unfair Contracts Terms Act Key Cases: Karles v Wallis & Photo Production v Securicor 7. Statutory Restrictions: SEE STUDENT HANDBOOK PP. 46 – 48 Key Cases: R & B Customs Brokers v UDT, Smith v Eric Bush & St Alban’s DC v ICL Conclusion The conclusion brings closure to the reader, summing up your points or providing a final perspective on your topic. All the conclusion needs is three or four strong sentences, which...
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... Cost-Plus Contracts Short Answer Question 3 This contract consists of both terms and representations. The terms are the provisions that form part of this contract. Each term that is contained in this contract will give rise to contractual obligation. If the terms are breached, litigation will be inevitable. However, the terms in this contract are not necessarily stated. Some of the terms in this contract attract little legal consequences because they are considered to be subordinate to the main objectives of the contract. Statements also form part of this contract. These statements are those that are capable of creating contractual obligations. The following types of statements may be contained in this contract: a). Puff or sales talk. A puff will not give rise to contractual obligation especially if it lacks the backing of a reasonable person who could actually take the statement seriously. This will be amplified if the statement is further proved to be wrong. Such kind of a statement will be a puffery as is common with commercials in televisions. b). Representation. Any factual statement will not be considered as a contractual term. This statement is made by the owner; however the owner does not offer a guarantee regarding how honest it may be. Such a statement according to this contract will give rise to any contractual obligation between the owner and the builder. However, other remedies may be pursued by the aggrieved party, i.e. tortuous actions like misrepresentation...
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