Tuesday, September 24, 2019
Business Law Essay Example | Topics and Well Written Essays - 1250 words - 2
Business Law - Essay Example One of the channels that illustrate the fate of John in seeking a help on his consumer rights is the consumer statutes (Tillson, 2012). One of the consumer laws in United Kingdom is stipulated under the Sales of Goods Act as of 1979. Owing to the sale transaction that the buyer and the seller underwent, a number of provisions under the statute give John a chance in seeking a legal redress on the damages he suffered. Even though John and the seller did not enter the contract to sale of the shed product in writing, the sales act under section 4 (1) recognizes that the sale can be entered in writing or orally (Tillson, 2012). At the time John bought the goods from the seller, the decision on the type of the shed to buy was based on the brochure descriptions supplied by the seller. This implied that the good that was to be supplied by the seller was strictly to be sold as described. Thus, the seller should have supplied the design of the shed that John selected among the other designs fo r it to be accepted. Indeed, the sales act under section 13 demands that the goods supplied to the buyers should correspond with the description of their choice (Tillson, 2012). Even though the brochure was applied as, a sample in describing the design of the shed to be supplied by the seller, the law requires that the good supplied should conform to the descriptions of the buyer under section 13(1). Consequently, the failure by the seller to supply the shed description that John described gives him the right to claim for damages from the sales contract entered. Indeed, in precedent case between Re Moore vs. Landauer, it illustrates that the goods sold under description should be supplied under the description that was given. Re Moore Company had contracted Landauer firm to supply tins packed in cases of 30 units. Landauer supplied the containers in the correct quantities but a number of them had 24 tins. Accordingly, the court ruled that the supplier violated the contract description through the packaging method described by Re Moore Company. Similarly, even though ââ¬Å"Shed R Usâ⬠business had supplied the shed product, the seller violated the contr act description since Shed D description was component of the contract. Moreover, the Arcos vs. Ronaasen ruling upheld that the failure of the seller to supply half-inch thick staves by supplying 9-16 inch thick was a violation of the contract description. The failure by ââ¬Å"Shed R Usâ⬠business to supply a shed that fitted the description of John was violation of the sales contract that gives John the legal right to be compensated for the wrongful doing of the seller. Indeed, under the implied terms of sales contract, a failure by the seller to pass the consideration bargained by the buyer in the sales contract renders the buyer to seek the refund of the purchase price in total. Owing to the fact that John paid a price as the consideration for the shed under description D, he has the right to claim the money back (Tillson, 2012). This is because the consideration measure for acquiring the right property had failed even if shed description B had been supplied. To the extent that the good that was supplied to John was not conforming to the consideration amount paid, the consideration is considered to have failed under the implied terms of sales contract (Tillson, 2012). Section 14(2) of the sales act provides that the goods that a business sells should be of satisfactory quality. The description and price of the good is taken as the standard of a satisfactory qual
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