Estimate And Assist The Parties On The Legal Rules

Estimate And Assist The Parties On The Legal Rules

TASK 1
P1.1 Estimate and assist the parties on the legal rules on implied terms that relate to the sale of goods and supply of services.
“SALES OF GOODS AND SUPPLY OF SERVICES”
In the given situation there is an application of an implied term which is explained in “section 13” of “sales of goods and supply of services act”. SECTION 13 states that the application of implied term is used in the agreements which deal with the sale of motor vehicles which does not involves dealing regarding the motor vehicle sales. It is necessary that the vehicle to be delivered to be made sure by the dealer that before delivering the vehicle should not be affected with any defects resulting into any kind of harm for either any individual or towards general public (legislation.gov.uk, n.d.).

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Estimate And Assist The Parties On The Legal Rules

INTRODUCTION

TASK 1

P1.1 Estimate and assist the parties on the legal rules on implied terms that relate to the sale of goods and supply of services.

“SALES OF GOODS AND SUPPLY OF SERVICES”

In the given situation there is an application of an implied term which is explained in “section 13” of “sales of goods and supply of services act”. SECTION 13 states that the application of implied term is used in the agreements which deal with the sale of motor vehicles which does not involves dealing regarding the motor vehicle sales. It is necessary that the vehicle to be delivered to be made sure by the dealer that before delivering the vehicle should not be affected with any defects resulting into any kind of harm for either any individual or towards general public (legislation.gov.uk, n.d.). Similarly in the present situation the application of implied term is noticed which obliged Emmanuel to take care that before delivering the car should be free from damages. In accordance with this obligation Emmanuel made all the repairs done so that no defect is left which could create any harm to individual or general public. But due to the fire accident the car gets destroyed in this and delivery got cancelled. This is because of the impossible situation which is created due to the destruction of car in fire. Further this concludes into a situation of breach of contract which was earlier formed between John and Emmanuel. Hence a claim lies for John who can be claimed by him from Emmanuel in regard with the advance payment made by John and all the damages faced by him due to the breach made. Due to the involved legal relationship because of contract, Emmanuel gets bound to pay John for his claims. (Arcos v Ranaason, 1933)

P1.2 Examine and advice receiver on the statutory provisions on the transfer of property and possession

Here in the given situation the delivery is not made to James David and Paul in spite of their advance payment made. For this Section 51 of Sales of Goods and Supply of Services applies. This section states the “REMEDIES AVAILABLE FOR BUYER’S FOR NON-DELIVERY”. Following are the available remedies:

  • All the damages arising out of the non-delivery made should be faced by the seller as he his bound by legal action because of the breach made.
  • The injuries include both resulting and natural injuries which are supposed to be the consequences of the breach of contract between seller and buyer.
  • The availability of goods in market of the involved goods is important for a situation in order to calculate the estimated damages faced by the buyer when the delivery is not made by seller. (legislation.gov.uk, n.d.)

Similarly in this situation a contract is formed by Joe to deliver 200, 200 and 600 computers to David, James and Paul respectively. All of them made all the consideration value in advance. The fault on behalf of Joe was that in spite of knowing the fact that he only has 500 computers in stock gets into a contract with all of them. It is said to be a cheating made by Joe. Thereafter, Joe was declared to be a bankrupt by the court. Hence the receiver appointed by the court has to analyse the compensation value for David, James and Paul which they have right because of the breach made by Joe to them. RECEIVER is appointed by the court to manage and preserve the assets of the person indulge in litigation in order to be helpful for the settlement. The settlement will support the decision of the court delivered for the concern litigation (TheFreeDictionary by Farlex, 2014)

Details
Author:
Series: Law Assignment Help
Genre: Law Assignment Help
Tag: Law Assignment Help
Publisher: Cheap Assignment Help
Publication Year: 2017
List Price: 30
eBook Price: 40
Audiobook Price: 60
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