Marius 4 Business Law

Marius 4 Business Law

About the Book

Marius 4 Business Law

Task1

 P1 .Be able to apply the main principles affecting the legal relationship between business organisations and their consumers

P 1.1) Analyse and advice Mr Adam on the legal rules on implied terms relating to the sale of goods and supply of services

Implied terms: Implied terms are those terms which are used by the parties in their contract. Parties are free to decide which implied terms they use in their contract. Parties have the duty to agree with the terms in their agreement. The courts also imply a term in a contract but in limited situation at common law.(e-lawresources.co.uk, n.d)

The external legal source and sources of implied terms are:

  1. Customs
  2. Fact
  3. Statute

Marius 4 Business Law

Sale of goods: sale of good is a contract in which ownership of the seller of moveable goods is transferred for a sum of money to the buyer. For entering in to contract these requirements has to be fulfilled:

  1. There are two parties
  2. There must be a good
  3. There must be transfer of any property
  4. Valid contract
  5. Must be consideration (slideshare.net, 2012)

Implied terms are on:

  1. Term on Description
  2. Terms on Title
  3. Terms on Quality
  4. 1. Description: Description is defined under section 13 of the sale of good act. The goods must be in according with the description. The buyer who purchase the goods on internet, or through catalogue, then ion this case the goods is not seen by the buyer, so it must be in according with the description as they mentioned. If it is not according to the description then buyer has right to sue the seller. But if the seller proved that buyer is not relied upon the description then seller is not liable.

Case: Rowland v Divall [1923] 2 KB 500     

  1. Title: conditions and warranties are distinguished under section 11 of this act. Section 12 of this act defines the title. In this seller is under an obligation that he has to sell the goods according to the title of the goods, if he did not sell the goods according to title then it will be breach the contract. This section also provides warranty to the buyer that the buyer has the possession over the good and the good which is delivered to him is in good condition.
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