Sharma bought from Toys4U the ‘Polaris Missile’, a toy manufactured in China. Mrs. Sharma purchased the toy for the tenth birthday of her son, Pritam. When Pritam pressed the trigger of the missile holder after opening and assembling the toy one day…
ng that “we shall be holding you responsible for any claims brought against us by any customers who have suffered loss as a result of use of the toy.”
In a different case, Toys4U posted an advertisement in the newspaper a vacancy for a sales assistant. Amanda applied for the job. She was called for an interview at the store. After the interview, Amanda was told that her application failed since she did not have the ‘right attributes.’
The Sale of Goods Act 1979 specifically section 14 protects purchaser of goods against latent defects. In the outset though, there is a need to determine whether the transaction between Mrs. Sharma and Toys4U falls within the law’s protection by establishing that the sale was made “in the course of a business.” While this is not defined in SoGA 1979, UCTA 1977 explained that the phrase in the course of business indicates that the sale be an integral part of the business (Koffman & Macdonald, 2007). In this case, Mrs. Sharma bought the toy in Toys4U, a retailer selling toys in the normal course of its business. Quite clearly, the transaction was not a mere private sale.
The claim which Mrs. Sharma may file against Toys4U involves the breach of implied terms in the purchase of the toy Polaris Missile under section 14 of the Sale of Goods Act 1979. There may be liability by Toys4U with respect to its implied conditions to the product’s ‘fitness for purpose’ and ‘satisfactory quality’ since it was the proximate cause of Pritam’s injury.
Section 1 (1) of the Sale and Supply of Goods Act 1994 which amended s. 14 (2) of SoGA 1979 provides that "where the seller sells goods in the course of a business, there is an implied condition that the goods supplied under the contract are of satisfactory quality” (cited in Chantry, n.d., p. 130). As laid down in s.1(2A) of the 1994 Act, “goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of ...
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(Law for Business Essay Example | Topics and Well Written Essays - 2000 Words)
“Law for Business Essay Example | Topics and Well Written Essays - 2000 Words”, n.d. https://studentshare.net/miscellaneous/389835-law-for-business.
This is a loss suffered by a claimant. There has never been a universally accepted definition of the term called as ‘pure economic loss’ (Palmer & Bussani, n.d.).The relevant and related examples of this type of economic loss can be in the shape of wasted expenditure, reduction of profit, reduction of possible profitability and any other gain that could have been gained.
In respect of personal injury and property damage there are economic results which tend to accrue, as can be seen in the instance of a person who suffers an injury may in addition be unable to earn for the time the injury remains. In respect of property damage the courts take into account the market value of property when determining compensation for any loss.
However, there has been a marked reluctance to recognise this duty of care. Such lack of enthusiasm derives from the Floodgates contention (Speaight, 2009, p. 23). This argument states that there would be a tremendous widening in the potential scale of liability in tort.
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According to the report several organizations implemented business expansion strategy in order to increase their market share and develop potential client base around the globe. This global expansion strategy forced these organizations to adopt and implement aggressive business strategies to maintain its competitive position.
Sexual harassment has been widely viewed as a stumbling block to the fulfillment of the achievement which requires integrating women in the job market. In the United States for instance, estimate by media and government surveys indicates that forty to sixty percent of women are harassed in their workplace while in Europe the percentage are slightly low ranging from forty to fifty percent.
The United Kingdom came into existence with the union of Great Britain and Ireland in 1801. However, the partition of Ireland in 1922 was a major turning point in the current state of affairs of UK's legal system. This event also influenced the religious leanings of each constituent according to the Catholic or Protestant majority as the case may be in each region.
B says yes. At that point, the sale between A and B has been perfected because the parties by then have intended or agreed to have the goods transferred to the buyer.4 B becomes the owner of the Austin car and he is now under obligation to pay to A the ten thousand pounds, the amount of the cause or consideration or the selling price of the chattel.
On 7th March, Mrs. Sharma purchased a toy from Toys4U for her son Pritam. On very next day, Pritam tried to play with the toy missile, but it crashed with the glass ceiling lamp causing injury to Pritam’s head.
the other for any consequential, indirect, special, incidental or punitive damages, regardless of the form of action, whether in an agreement, tort, strict product liability or otherwise, even if advised of the possibility of such damages and even if the damages were
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