Business Law of Goods and Supply
Autor: estherowino • April 18, 2015 • Essay • 921 Words (4 Pages) • 824 Views
Introduction
In the sale of goods and supply, there are different implied provisions that are used to protect the rights of buyers. These basic provisions are found in sale of goods and supply act 1979 and 1982 respectively (Goldstein, 2003). These acts ensure that the buyer is protected from a seller who does not have good title and therefore lacks the rights to sell the good under his possession. It is a legal requirement under the agreement of sale of goods that the buyer must receive the good of good quality which is fit for purpose and of right description (Sealy and Hooley, 2009). When there is a sale of good by sample, the buyer must ensure that it corresponds to the sample provided. This is provided in the implied terms and condition under the sale of goods and supply of services.
1.1A Rights of the Customer
There are implied terms which the seller owes to the buyer of this washing machine. These obligations of the seller to the buyer can be sued in court when the seller infringe the implied terms under the contract of sale of goods and services. The seller of this washing machine has a duty to the buyer of the same machine to receive the good of good quality (Sealy and Hooley, 2009). This machine was expected to be fit for its purpose but the seller violated this right of the buyer and sold to him a machine which cannot perform the purpose for which it was purchased (Vaidhyanathan, 2001). Therefore the seller of this washing machine has violated the right of the buyer. It is important for the seller to compensate the buyer since the washing machine is not fit for purpose and it is also not for a good quality.
B. The legal rules on implied terms relating to the supply of services
The Dishwashers can use the right of receiving quality service from the Bob; the person conducted the installation services. Bob owe the dishwashers a duty of quality service and this can be used by dishwashers to sue Bob for damages or specific performance. Bob violated the rights of dishwashers by not acting with due care when installing the pipes and his actions results into waste of time and water flood the whole of the kitchen flow.
1.2 Statutory provisions on the transfer of property and possession
Asia is the real owner of the Fridge since the ownership has been transferred from the seller to the buyer immediately the contract for sale of goods was entered once the total value for the fridge was paid by Asia. Edgware store was only in the possession of the fridge but had no right of ownership and therefore it has no right to sell the
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