Joan put up an order for hire of 10 light pink dresses as shown in the sample fabric show to her from 'Glitzy Costumes Co' . However, upon receiving the dresses, she found that they did not match the description of the color or fabric as ordered to the company.
As regards the application of the Sales of Goods Act, it is relevant to mention that provisions of Section 13 and 15 apply to all sales, irrespective of the seller's status but the quality and fitness provisions contained in14 (2) and 14(3) are attracted only where the seller sells "in the course of a business". Therefore, the status of the buyer does not matter. If these provisions are applied along with the provisions contained in Section 12 of the Unfair Contract Terms Act 1977 (UCTA) whereby the seller cannot exclude or restrict his liability under the terms as against a buyer "dealing as consumer", which requires that (a) the buyer not make the contract in the course of a business, or hold himself out as so doing, (b) the seller make the contract in the course of a business and (c) the goods be of a type ordinarily supplied for private use or consumption.Therefore, it would be seen from the above that under the provisions of the both the Acts, the phrase "in the course of a business " becomes the major determining factor. The term has been subject to interpretation in two cases.
In R & B Customs Brokers Co Ltd v United Dominions Trust Ltd, (1) the Court of Appeal held that a person bought goods 'in the course of a business' for the purposes of UCTA where either (i) the purchase was an integral part of the business, or (ii) although the purchase was incidental to the business, there was a sufficient degree of regularity of similar purchases. However, in Stevenson v Rogers, (2) the Court of Appeal business is "in the course of a business. The cases are in line with a series of cases decided on the same lines. (3)
What should be the standard of quality of goods is provided under the Sales of Goods Act. Until 1995, the term "merchantable" quality was used in sale of goods legislation. It became obsolete due to socio-economic changes and the test was replaced with satisfactory quality. Section 14 lays down that the goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.
1.  1 WLR 321
2.  1 All ER 61
3. See also; Wilson v Rickett Cockerell & Co Ltd  1 QB 598; Vacwell Engineering v BDH Chemicals  3 All ER 1681;Aswan Engineering Ltd v Lupdine Ltd (Thurgar Bolle Ltd third party) (1987) 1 All ER 135
The test of "satisfactory quality" is that of a reasonable person and it is further elaborated in Section 14 as including their state and condition and the following (among others) are inappropriate cases aspects of the quality of goods-
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
The potential defendants in a products ...
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The style was favored by the good pay they offered – as compared to their competitors, including Foxconn. The basis of their productivity skills was their use of non-patented technologies: combining them to create their innovation. BYD used the tactics of assimilating trained staff from Foxcomm, for example Liu Xianjun who had received 7 years of training.
Therefore, since the business environment considers information as a vital asset, it has come to depend increasingly on infrastructure that protects information in a way that ensures business sustainability (Collins, 2013). The legal environment that consists of laws, policies and regulations that help organizations guarantee the protection of the integrity, confidentiality and availability of their information and information systems.
Thirdly Gilfil plc may proceed against Eliot Electrical Manufacturers for having duplicated its patented version Phoebus brand. in the name of Pharos which Barton bought from Eliot Electrical manufacturers and supplied to Tryan.
Fifthly, Gilfil plc may file a suit against the carriers for having negligently delivered goods to Tryan resulting in damage of goods in rain irrespective of what the carriers' standard form of contract stipulates.
A novation ordinarily arises when a new individual assumes an obligation to pay what was incurred by the original party to the contract and the original debtor is totally released from the obligation, which is transferred to someone else (Law Encyclopedia).
At the same time, it is imperative to note that Paul had actually assumed full ownership of the entire property in question. In this Paul was the legitimate owner of the property then he passed over its ownership to Nitin and Miriam by virtue of sale. In this regard, as at October 2009, they became the landlords of this whole real estate property.
There was one area of difficulty in the plaintiff's evidence when he seemed to assert that the defendant had actually agreed to six weeks for payment of the balance of the purchase price but he conceded that his note pointed to a lack of agreement on that point - the note confirmed what was contained in para 5(1) of the plaintiff's second affidavit and the plaintiff could be understood as saying that he knew that the defendant wanted the balance after a further six weeks and that did not trouble the plaintiff.
know how to successfully design such a business or company, one needs to familiarize him or herself with it- determine their key demographic group, their needs and their wants, and what they will pay for.
Several goals and objectives are pertinent in order for this project to
An independent project manager provides an appropriate scope setting, thorough project planning, and unbiased procurement from vendors, proper documentation, risk mitigation, and contingency planning. The major