Scenario on the Sale of Goods and Unfair Contract Terms - Free Essay Example

Sample details Pages: 8 Words: 2355 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Analytical essay Topics: Contract Law Essay Did you like this example? This problem scenario is clearly referred to sale of goods act 1979 and unfair contract terms act 1977. The given three questions have been analyzed accordingly in separate three paragraphs. In the sale of goods act section 2 (1) it defines that what contract of sale of goods is as a contract whereby the seller transfers or somehow agree to transfer property in the goods to buyer for money consideration, which called as the price. Don’t waste time! Our writers will create an original "Scenario on the Sale of Goods and Unfair Contract Terms" essay for you Create order Mainly considering that point the question has been discussed. According to the question there are some aspects which can consider as the grounds on which bill may make a claim against Agro Ltd. This means consideration of Agro Ltdà ¢Ã¢â€š ¬Ã¢â€ž ¢s liability under sale of goods act 1979 to bill. According to the given problem scenario the buyer, bill green is a keen gardener and a lecturer in biology. Sale of goods act however provides protections for Bill in four main sections. Section 12 points out that the seller be required to have the right to trade the goods. Section 13 points out that the goods sold by description should keep up a correspondence to the description. In section 14 it is noted that goods must be of satisfactory quality. Section 15, goods that are sold by sample must correspond to its sample in quality. From above sections, the section 14 is further limited in its scope. Somehow it applies only where goods sold in the course of businesses. According to sectio n 14, when the seller Agro Ltd sells goods in the course of a business then present an implied term which points out that the goods supplied are of satisfactory quality. If Agro Ltd was not selling in the course of business and was only a private seller then they fall under section 13 and not within section 14. Agro Ltd sells Apple Grofertiliser to bill. Bill before deciding to buy à ¢Ã¢â€š ¬Ã‹Å"Apple Groà ¢Ã¢â€š ¬Ã¢â€ž ¢ fertilizer he looked at fertilizer on display, differing prices and read the promotional leaflets. First letà ¢Ã¢â€š ¬Ã¢â€ž ¢s consider sale by description. According to section 13(1), it describes that wherever there is an agreement for sale of goods by its description there is an implied term which the goods correspond with the description. Sale by description means that a sale where the buyer that means according to the question bill green has not seen the goods and is relying on the description. But actually did bill not see the goods? He did look at several types of fertilizer. He studied the chemical composition of each fertilizer, given in the leaflets. But ità ¢Ã¢â€š ¬Ã¢â€ž ¢s not clearly mentioned that the product of Apple Gro was there in the leaflets or not. He was given instructions and details of dosage rates after signing the sales invoice. A contract of sale does not become a à ¢Ã¢â€š ¬Ã‹Å"sale by descriptionà ¢Ã¢â€š ¬Ã¢â€ž ¢ merely because a description was attached to the goods. The description must relate substantially to the identity of the goods. To consider how far must goods correspond to their description there is a narrow approach and a broad approach. In the case Arcos Ltd v E A Ronasse and sons[1] buyers to buy a quantity of staves, which they required, as the seller knew, for making cement barrels. Contract said the staves were to be  ½ inch thick. The staves were larger than  ½ inch thick. It was held that the buyer was entitled to reject goods for breach of section 13. In determining whether go ods correspond to the description there is also a broader common sense test can be applied. In the case Ashington Piggeries Ltd v Christopher Hill[2], the buyer had contracted to buy à ¢Ã¢â€š ¬Ã‹Å"herring mealà ¢Ã¢â€š ¬Ã¢â€ž ¢ for the purpose of feeding mink. They were provided with herring meal which was contaminated with a substance that made it unsuitable for feeding mink. It was held that no breach of section 13 because the goods were described in the contract as à ¢Ã¢â€š ¬Ã‹Å"herring mealà ¢Ã¢â€š ¬Ã¢â€ž ¢ and what the seller provided was à ¢Ã¢â€š ¬Ã‹Å"herring mealà ¢Ã¢â€š ¬Ã¢â€ž ¢ although contaminated and not fit for the purpose. However what bill wanted was something cheaper. So the sales assistance recommended that bill should buy Agro Ltdà ¢Ã¢â€š ¬Ã¢â€ž ¢s à ¢Ã¢â€š ¬Ã‹Å"Apple Groà ¢Ã¢â€š ¬Ã¢â€ž ¢, which was considerably cheaper. As section 14 of sale of goods act introduced satisfactory quality and section 14 (2A) defines satisfactory as meeting the standard to an ordinary reasonable person would consider as satisfactory taking in to account, description, price, and all other relevant circumstances. When it comes to whether goods fit for their common purpose it comes under section 14(2B). In the case of Aswan Engineering Establishment Co v Lupdine[3] it was held that goods satisfied the requirement that they be of à ¢Ã¢â€š ¬Ã‹Å"merchantable qualityà ¢Ã¢â€š ¬Ã¢â€ž ¢. This explains that if a seller knows that the goods are not fit for one of its common purposes, seller must make this known to the buyer. According to section 14(3) seller, Agro Ltd in course of business sells to buyer, Bill who tells Agro Ltd the purpose for which the goods are bought. And also bill partially rely on sellers skill and judgment. Frost v Aylesbury Dairies[4] illustrated even of seller could not have discovered the defect no matter how much he tries, he is still liable. Bill did not realize that rain could wash away the fertilizer and no specific statement to this effect was contained in the instructions. The fertilizers Bill had previously used were applied to the tree roots and were not affected by rain. This Apple Grofertilizer was sprayed on leaves and fruits. Section 14 (2B) states that the qualities of the goods include their situation and condition as well as the fitness for each and every purposes for which goods of the class are commonly used whether or not the buyer is a business or consumer. However above the grounds that bill may claim against Agro Ltd. If Agro Ltd is in breach of contract then it should be considered of the validity of the terms of sale in the invoice. Invoice contains exclusion clauses. These clauses usually and especially in standard form contracts contains to exclude or restrict liability of seller. Some exclusion seeks to negate terms that favored the buyer. When considering standard form contracts most companies use these forms when entering in to contracts because it is more efficient and convenient tha n having to discuss and negotiate terms with each individual customer. In this scenario there is a standard form contract. A clause is of no effect unless if it is incorporated as a term in the contract. It must be incorporated when the contract is made[5]. The buyer will find it difficult to argue that the clause was not agreed upon if it is contained in a document signed by him. It will not help him to plead that he had not read the clauses or was unaware of its existence. As with an unsigned contractual document, the method, displayed notices of incorporation will work only if at the time of making the contract the buyer, Bill actually knew of the existence of the term or otherwise reasonable steps had been taken to bring them to his attention. When Bill told he likes to buy the Agro Ltd gave the invoice. Bill paid for the fertilizer and signed the invoice without reading it. And also If, in the past parties have often went through contracts with each other upon the same terms (i ncluding exemption terms), then that course of dealing can incorporate those terms in to a later contract between them. Hence three necessities must be fulfilled before a course of dealing can incorporate an exemption clause in to a future contract. That are firstly the transaction between the parties must have been sufficiently numerous to constitute a à ¢Ã¢â€š ¬Ã‹Å"course of dealingà ¢Ã¢â€š ¬Ã¢â€ž ¢. Secondly the established course of dealing must have been constant. Thirdly the recognized course of dealing must not have been deviated from on the occasion in question. According to the question it says that Agro Ltd has number of retail outlets. Bill visited one of these outlets to buy fertiliser. In the past, he had always used a top brand, but was hoping to find something cheaper. But in this scenario ità ¢Ã¢â€š ¬Ã¢â€ž ¢s not clear whether Bill only visited this Agro Ltd to buy something cheaper or whether Bill always went to this Agro Ltd manufacturers and this time he wanted something cheaper. Later Unfair contract terms act (UCTA) 1977 introduced to control exclusion and limiting clauses in general. The unfair contract terms act 1977 is a major landmark in the development of the law of contract. It deals with exemption clauses and it replaced and extended certain provisions previously in the supply of goods act 1973[6]. In that Act, Section 6 applies to any of the clause that claim to exempt the seller, that means Agro Ltd from any of the terms that are implied by section 12-15 of sale of goods act. The effect of section 6 depends upon whether the buyer was à ¢Ã¢â€š ¬Ã‹Å"dealing as a consumerà ¢Ã¢â€š ¬Ã¢â€ž ¢. This act is misleading in that it also applies to non-contractual relationships. However UCTA refers to business transactions and consumer transactions. Exclusions are either void or subject to the test of reasonableness. Section 3 describes when liability arising under contract It covers consumer transactions or contracts where one party deal s on the others standard business terms. When it, covers breach where the party at fault claims to be able to give a substantially different performance or no performance. Such will be subject to the test of reasonableness. According to section 5 where loss or damage arises from defective goods for consumer use owing to the negligence of the manufacturer or distributor, the liability for loss or damage cannot be excluded or restricted. According to section 6 terms as to title cannot be excluded /limited in any type of sale. Other terms in sale of goods act 79(section 13, 14, 15) cannot be excluded/limited against a consumer.if bill is considered as a consumer then this cannot be excluded. But this can be excluded/ limited against a business buyer if reasonable. Therefore according to the problem scenario, if Bill was dealing as a consumer, then the first exemption clause may become void according to UCTA 1977. And the second clause has becomes unreasonable because there is no specif ic section for that in UCTA 1977. And the third exemption clause will also be void if Bill deals as a consumer according to section 3 of UCTA 1977. ÃÆ' ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒâ€ Ã¢â‚¬â„¢ If we assumed that Agro ltd is liable for breach of contract of sale, and is not protected from liability by the terms of sale in the invoice, there may be remedies available to bill. Recovery of the purchase price, damages and specific performance of the contract are some remedies that will be available to the buyer, Bill. Bill however wishes to sue Agro Ltd for all compensation possible, including the purchase price of the fertiliser, loss of profit on sale of the apple crop, loss of prize money from shows, stress, and loss of the increase in salary he would have got on promotion. Can he really do this? According to the terms that Agro Ltd provided he cannot claim this much compensation. But the goods he bought were not fit for common purpose. In instructions also it was not clearly mentioned tha t rain could wash away the fertiliser. And also according to instructions bill sprayed his apple trees in July. So why cannot he recover damages? Under section 53 breaches of warranty and 54 Bill can recover damages in to some extent. However Bill cannot reject goods. Ità ¢Ã¢â€š ¬Ã¢â€ž ¢s because he already accepted the goods. And he already used the goods. Under section 54 considerations has totally failed and Bill can recover payments already made. However if court decided not to void the first term of the contract it will not be possible. Where the buyer, Bill accepts part of the goods and rejects the rest, he can recover any part of the price paid in respect of the rejected but must pay for the non-rejected goods. But according to the given problem scenario we cannot see any partial acceptance. Section 53 (3) prima facie the difference between value of goods as they are and the value they should have been in if the warranty had not been breached. In section 53(2) the measure of damages is as for rule 1 in Hadley v Baxendale[7]. When considering this as with the case of Bence Graphics v Fassons[8], F manufactures and sold to B some vinyl film. Once B received the film he would stamp it and turn it in to labels. A condition was that the vinyl and labelling remained in good condition for five years. Vinyl was defective so the labels degraded earlier than expected, so as to become illegible. B sought to recover from F the whole of the purchase price or alternatively an insurance to cover claims from end users. Damages assessed by trial judge under section 53(3) as measure being difference in value between goods on delivery and value goodswould have been if vinyl not defective. F applied. Appeal allowed and it was held that prima facie measure for breach of warrenty of quality under section 53(3) can be displaced where it had been in contemplation of the parties at time warrenty given that goods would be resold. The measure should be assessed on basis of actua l liability to ultimate buyer and as few of the sub buyers claimed, the loss was less than that worked out under the prima facie market rule. This is limb 1 of Hadley v Baxendale rule. As the conclusion we can add that even though there are exemption clauses from the side of the seller he may be liable if the terms not satisfy certain criteria as explained above. And also the buyer even though had remedies he cannot claim everything to his wish. From the acts that were established is more fairly helps to deal with matters from buyers side as well as sellers side. [1] Arcos Ltd v E A Ronasse and sons [1933] AC 470 [2] Ashington Piggeries Ltd v Christopher Hill [1972] AC 441 [3] Aswan Engineering Establishment Co v Lupdine [1987] 1 WLR1 [4] Frost v Aylesbury Dairies [1905] 1 KB 608 [5] Paul Dobson and Rob Stokes, commercial law: (8th ed.Sweet and Maxwell 2012)at p.184 [6] Paul Dobson and Rob Stokes, (note 5 above)at p. 192 [7] Hadley v Baxendale[1854] EWHC J70 [8] Bence Graphics v Fassons (UK)[1997] 3 WLR 205

The Pros and Cons of Genetic Testing - 2082 Words

In 2003, the Human Genome Project was completed. The project was an international research effort whose ultimate goal was to sequence the human genome and identify its genes. Upon completion, the Human Genome Project provided a complete sequence of the nearly 3 billion base pairs in the human genome. By essentially creating a blueprint of what makes a healthy human, we know what a normal, un-mutated genome looks like. That being said, genetic testing is now available to essentially anyone. While genetic testing may put us a great advantage scientifically, it could also be a set-back. Genetic testing is really helpful in medical circumstances but in situations where a person just wants to know what their genes say about them, it can cause†¦show more content†¦This is the most common and is done to see if a patient has a genetic condition that is making a person sick or may make them ill in the future. An example of this would be the BRCA tests. These tests test for breast and ovarian cancer. The mutation is the same genetic mutation in all persons affected by it. By doing the test, the results can help to treat or manage the disorder. Another type of testing is predictive or pre-symptomatic testing. This goes along with diagnostic testing where it finds genetic variations in a person’s genome in order to help provide information about a person’s risk of developing a disease. By having either a pre-symptomatic test or a diagnostic test done, it can help to increase a patient’s quality of life by allowing for treatment early on in the disease or even before the disease occurs. Many couples will have genetic tests done on their children before the child is even born. A type of testing called prenatal testing is offered during pregnancy to diagnose disease in fetuses that are at risk for certain diseases. 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Sexual Abuse Is Long Lasting And Follow A Person Into...

The effects of sexual abuse are long lasting and follow a person into their adulthood, which causes issues in forming strong and healthy relationships as adults. Furthermore, when involving a child and a parental figure, these issues become even more prominent, as they affect relationships both at home and in the future. Through her collection of poetry, Rupi Kaur expresses her own experience with the sexual abuse she experienced from her father. The first section of Milk and Honey displays how sexual abuse affects the way Kaur views sex and love, as well as the changes in her relationship with her parents. The following sections follow Kaur towards healing and learning to love herself. Milk and Honey presents the negative effects felt by†¦show more content†¦Through this peom, Kaur reveals the identity of her abuser to be her father. 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Personal Statement Take A Deep Breath - 876 Words

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They believe that the business of establishing and perpetuating a society demands the full efforts of all of its members; there is no time for the indulgence of personal desires (Baym 143). SomeRead MoreThe Star Of An Inconvenient Truth897 Words   |  4 Pagesaction. Gore’s use of ethos through real-life recordings and graphic simulations support Gore’s claim that his motivation stems from obvious, moral reasons; however, his inclusion of his past failures and mentioning of his recent success through personal flashbacks and first-person narration generates pathos, suggesting that Gore, while inspiring the audience to grow less selfish, ironically seeks validation and self-redemption for his own political shortcomings. Throughout the documentary, Gore’sRead MoreThe, The And, And Universal Warfare966 Words   |  4 Pagesher soul.†I love thee to the level of everyday s/Most quiet need, by sun and candle-light†(lines 5-6) tells that she loves every day all through the day endlessly. 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Critically explore some of the issues that should be considered when conducting research in social science Free Essays

Research with children and young people is essential as it can improve the understanding of how they develop and live their lives, also it can add to academic debates and theories, and its outcomes can impact directly and indirectly on the lives of others in similar situations. â€Å"Data about children can only be understood by studying children†(Ross,1998:97) The best way to support the expansion of children’s studies for children is to enrol them fully in the research process. (Oakley, 1994: 26). We will write a custom essay sample on Critically explore some of the issues that should be considered when conducting research in social science or any similar topic only for you Order Now Over the years, there has been rapid rise in research with children and young people and the increased respect and demand for children’s views and outlook in the society alongside the concern about ethics in social science when implementing the research Kellett (2010). Lansdown(1994) also supports this argument by stating that we do have a culture of listening to children . The chosen topic for this essay is issues that are to be considered when researching children and young people and vulnerable groups. The Relevant issues when researching with children includes ethics, consent, the legal structure, power relations and methodology. It is essential to consider and address issues appropriately. Social science research involved the collection, exploration and reporting of information about people and societies. (Yates 1998,p. 3) . There are several number of issues to consider when conducting research in social science according to Alderson Morrow(2007) like privacy and confidentiality, the right selection of participants, consent and the impact the research has on children. Research with children usually tend to emphasis on ethics which moral issue that influence the methodology used governed by the code of practises ( France et al. , 2000) as well as the issues of informed consent and confidentiality (Sieber, 1982) Participants might be harmed as a result of their participation as many vulnerable groups tend to experience distress when talking about their painful experience that happened in their past. (Cooper,1999). The possible harms may include death stress, guilt, reduction in self-respect or self-esteem, unfair treatment, withheld benefits, and slight distress.. Cooper,1999). Relationships with others may be damaged through research (Drake ,2011). One of the main problem in research in social science is that children’s views and opinions are not given much importance and usually there is much large manipulation of the researcher in their research (Miles,2011). This was argued by (Clark et al. 2005) he states that children should be seen as’ beings’ whose opinions and understanding are vital in to listen to and not as adults in the making. Childhood studies research emphasizes the need to recognise children as agents not objects to represent children’s voice and to have children properly involved in all stages of research†(Gregory et al 2005,p. 98). Informed consent is vital when it comes to research involved with children, as Informed consent is required to protect privacy. Informed consent documents too guarantee that their identities will be protected. Such assurances protect them from blackmail, personal attacks and awkwardness (Sieber 1992). Children require the same level of freedom as adults to refuse participation. Sieber,1982). â€Å"Children who are incapable of giving assent should not be allowed to participate because their participation uses them for the benefit of the society at large while threatening their partially actualized and developing personhood. †(Ross,1998:97). Although a child’s assent alone is not sufficient to carry out the research but parental permission is essential while researching children to ensure protection of the child from possible abuse that could happen during the research process. (Ross,1988). Nelson ,2006) also supports the argument by stating child’s assent can only be used in conjunction with the parental consent. Lansdown (1994) supports the above discussion by stating that children are vulnerable because of their physical weakness and lack of knowledge and experience which allows them to depend upon the adults around them as well as their total lack of political and financial power and their lack of social rights. Factors contributing to the vulnerability of children include the motivations of parents and guardians who enter children into research ( Kirk 2007, Paulson 2006). Another issue that could be faced by children in research according to (Fraser et al, 2004) and Kirk (2007) is the power imbalance between the researcher and the children , but this could be overcome through helping the child to become a part of the research team as well as to make the child to be aware of the reason for participation in the research and to give the child the sense of control by reviewing or repeating to the child how to withdraw if the child doesn’t feels comfortable in the study. (Fraser et al, 2004). Time and flexibility are the key things that is required when researching children and to ensure that the participant have full understanding of the research ( Greene Hogan 2005). There are laws supporting the rights of a child . (Landown,1994).. The law supports the child’s opportunity to be heard in any judicial or governmental procedures affecting the child. The law came into being in 1990 due to the high demand children’s voice to solve or understand the issues that affect them. The law has provided a major move in appreciation of children as participants in the society. Landown,1994). BPS code of conduct ethical principles states that approval of children to take part in research should be obtained from parents/ guardians as children are considered along side with the adults with impairments’ but there is no mention given to obtain consent for children with impairments. (Minkes et al,1994 ). Another issue in social science research is the sensitive research that often researchers do not effectively address the possible emotional and psychological harm that may result from research that draws strong emotional reactions Lee Renzetti,( 1993). One of the main risks in any research is the effect of a violation of confidentiality. Depending on the sensitivity of the focused area in research, extra care should be taken to guarantee that participants could not be acknowledged. Maintaining the confidentiality is fundamental to ethical research, Kellett (2011)confirmation of research confidentiality can be given about the anonymity of the data, by removing the names of the participant and any identifying information, to meet the concerns of the child and responsible adult. It is suggested that written information should always be provided for the child and responsible adult, and a contact information should be given if they wish to contact the researchers later on. Kellett(2011) Eliminating names and other obvious identifiers does not assure anonymity as sometimes the demographic information can identify participants if the sample size is small. Buchanan (2007) also supports this argument that anonymity cannot be certain as postings can be traced via online search engines. Qualitative method of listening to the participant by exploring and examining their natural environment while conducting research can be one of the best ways to collect quality information especially from children( Willig ,2001). Punch (1994) States ethical failures in qualitative research scarcely occur. Behavior can be viewed directly through some kind of organized observation Focus groups tend to be increasingly successful with children, as children tend to be comfortable and familiar with the process of conversing matters in groups. (Morgan et al. , 2002). Focus groups can be appreciated for their ability to address inherent power differences that can develop in other forms of research such as interviews or questionnaire . (Morgan Gibbs 2002) . One of the main advantage of focus groups is that it enables and allows children to discuss and express their insights into certain topic and their , understandings and experiences. (Barbour Kitzinger,2001)Classroom based focus groups helps to create an informal environment and not school work based which could encouraged their positive contributions to the research study. Although the main disadvantage of focus groups for children according to (Barbour Kitzinger,2001) is that some children take part in the research only for a temporary escape from the classroom . Taking part in focus groups can be an enjoyable experience for children as they explore issues of interest with others who might share common elements of personal knowledge and understanding (Kennedy, Kools, Kruger, 2001) Finally I can conclude is that research with children offers no easy paths but opinion of a child is important for our research of the society as children are a vital part in the construction of the society. The ethical principle that guides us with research with children demands that the research participant must be protected and that any research is necessary to improve our knowledge and understanding of children. This means that research-involving children cannot be ignored, just because we find it difficult to get them to respond in a manner set out by adults. How to cite Critically explore some of the issues that should be considered when conducting research in social science, Essays

Hiring - Firing - Performance Evaluations

Question: Discuss arguments for and against the firing. Also, what disciplinary action, if any, is appropriate for the other employees? Answer: Firing The employee was mainly fired for inappropriate behavior that was executed to spoil the reputation of the company. The employee was mainly badmouthing about the company by posting a video on a major video website that will spoil the reputation of the company (Monroy Rieders, 2014). The negative action by the employee will disrupt the status of the company. The other employees were not inside the office premises and thus they were free to sing silly and raunchy songs. However, capturing the video and posting on video website was a major disciplinary action (Muller, 2013). References Monroy, M., Rieders, L. (2014). Firing an employee: protecting your practice from a lawsuit.Medical economics,91(11), 50-51. Muller, M. (2013).The Manager's Guide to HR: Hiring, Firing, Performance Evaluations, Documentation, Benefits, and Everything Else You Need to Know. AMACOM Div American Mgmt Assn.