Consumer Protection Sale of Goods Essay Example | Topics and Well Written Essays - 2500 words

Consumer Protection Sale of Goods - Essay Example Upon seeing the advertisement in the Old Castle newspaper regarding the racquet, which read: " This is a fantastic new tennis racquet specially designed for beginners. Its unique anti-scratch finish means that however many times you knock it, scratch it, drop it, the scratches will not show. Your racquet will look as good as a new after many years of use. are implied in a contract of sale: the goods much match the description; the condition of the goods must be satisfactory; there must be satisfactory quality; and lastly, the good must be 'reasonably fit' for the purpose for which the consumer is buying them.1 Each of these terms must conform to the contract of sale. In this case Jim had, upon joining the Old Castle Racquets Club (hereafter, ORC) and seeing the advertisement, decided to purchase the SS after paying his yearly fee of 200 to ORC and signing up for a sex week period of tennis lessons at a price of 120. Completing his transactions at ORC Jim immediately went to Old Castle Sports and Leisure (hereafter, OSL) and purchased a SS racquet for 250, paying in cash. Jim's dissatisfaction arose when after only several weeks of using the SS, contrary to the advertisement's assertions and the warranty which came with the SS the surface had become very scratched and by week three the racquet was totally unusable when the handle came off. In determining the remedies available to Jim it is necessary to show that there was a breach of contract which leads us back to the four terms of a contract: description, condition, quality and fitness. In Harlingdon & Leinster Enterprises v Christopher Hull Fine Art Ltd [1991] 1 QB 5642 the court found that "for the sale to be 'by' description the description had to be influential in the sale so as to become an essential term or condition of the contract." In Jim's the case the description (i.e. the advertisement) was an essential reason he purchased the SS as evidenced by his actions and speed with which he viewed the advertisement and the immediately proceeded to OSR to purchase the SS. Also, in Beale v Taylor [1967] 3 All ER 2533 the court found that "the buyer was entitled to damages because, although the description of the goods were not false to the knowledge of either the seller or the buyer, yet fundamentally the seller was selling goods of the description advertised." As i n Jim's case even if the seller (OSL) was unaware that the advertising of the SS was wrong, Jim had purchased the SS based on that description. Satisfactory condition4 is the next term to consider which relates to satisfactory condition.5 Rogers v Parish (Scarborough) Ltd [1987] QB 9336 found that the court upheld that goods unfit7 for use purchased are unmerchantable. As in Jim's case, he purchased an expensive racquet for the sole purpose of taking lesson and playing tennis. The inherent quality issues rendered the SS unmerchantable. In Stevenson v Rogers [1999] 1 All ER 6138 on appeal the court held that

Construction Contracts Essay Example | Topics and Well Written Essays - 1500 words

Construction Contracts - Essay Example One very important change is that the nomination for sub-contractors has been discarded. This will mean that the whole project will be the sole responsibility of the contractor. Hence, it will not matter if certain segments of the undertaking are passed on to other outside parties or agencies. Also, there will be minimal arguments to expect in the interpretation of the contract because the new JCT2005 is written in plain simple English and the major parts are segregated from one another in sections. Actually, the vital components and characteristics of the contents are retained except that the presentation has become less complicated or complex. Furthermore, certain terminologies have to be renamed to suit the real spirit intended by the parties. If there is a mutual agreement to have an overseer for the works, the title is now called Architect/Contract Administrator instead of just an Architect. Extension of Time is now termed Adjustment to the Completion Date. In case of a decision to suspend payment, the notice of withholding can only be done by the employer or the client. It can no longer be a part of the job of the Architect/Contract Administrator. ...In case of dispute, the covenanted remedy is now litigation instead of arbitration. As a matter of course, however, the parties are still free to resort to arbitration if they opt to thresh out their differences through the more expedient and convenient alternative method of patching up things. Still, there is a provision recommending for mediation in case of controversies. In the event that one party becomes insolvent, the other has to serve the appropriate notice of termination. Electronic mailing is now allowed as a medium of service of notices and other items for correspondence. The provision for the employer's own design team is still the same in JCT2005. However, a design option for the contractor is also provided for. On insurance pre-requisites, the contractor has become obliged to put up a profession al indemnity insurance, an agreement feature not included in the 1998 version. The right of the employer to liquidated damages reduction is set forth in the adjustment of the time for completion while the terms for relevant events are made more burdensome to the contractor who is to shoulder consequential costs brought about by materials and labour shortages resultant of industrial unrests like strikes. In such cases and similar instances, the Architect/Contract Administrator is under obligation to explain any adjustment to the completion date. In order to eradicate confusions regarding notices in the payment aspect of the covenant, the contractor under JCT2005 has the right to be paid according to the sum due considering the progress of performance even if he stated another amount in his application to collect and the employer withholds a certain portion.