小时候的梦想Outcome 1 Ca 1
1.both的用法Satisfactory Quality: In English law, there was previously an onus on the purchar to ensure that goods were of a reasonable quality and suitable for any specific purpo required the caveat emptor rule. In Scottish law, there was a principle that a sale of goods was a contract of good faith bona fide and the ller was bound to ll goods which were worthy of the price. There are factors that are listed in ction 14(2b) of SOGA 1979 as potentially relevant in appropriate cas, Fitness for the purpo for which goods of the kind in question are commonly supplied: Appearance and finish; Freedom from minor defects; Safety and; Durability; Thomson v J Sears& CO (1926)
2.No, this contract between maggie and 纸怎么组词ller.
The ller has to return both the purcha price and compensate for any damage which the defective goods may have caud.，The provisions of SOGA 1979 only apply to the buyer, not to any other party, for example a person who received the goods as a gift, has no claim against the ller under the Act.
3.360浏览器收藏夹怎么显示在上面Section 20 of the Unfair Contract Terms Act 1977 states that any attempt to exclude or restrict the ller’s liability for breach of Section 12 is void.
The contract it must be “incorporated” or form part of the contract .consumer contracts for the supply of goods and rvices are covered by act, as well as contracts of employment and apprenticeship. beach of any duty to take reasonable care exerci reasonable skill arising from the express implied terms of a contract. Any attempt to exclude liability for death or personal injury arising from breach of any of the above duties is void,
4. Section 16 UCTA 1977 covers attempts to exclude or restrict liability in relation to breach of duty in contracts or non-contractual notices. Breach of duty broadly covers the following.
Any attempt exclude liability for other loss or damage arising from breach of any of the above duties is allowed only to the extent that it is ‘fair and reasonable’
Unfair terms in consumer contracts regulations 1999.the regulations apply more widely th
an UCTA 1977 and can apply to the following situations: terms regarding termination of the contract and adequate notice; terms regarding delivery dates; terms allowing the supplier to increa charges without negotiation.
Section 20 UCTA 1977, as en in topic 1, covers attempts to exclude or restrict liability in relation to implied terms in SOGA 1979. As previously discusd any such claus are void in a consumer contract.
5. Rejection of the goods and Damages. Where the ller is in breach of any terms in a contract, the buyer shall be entitled to claim damages, and if the breach is material to treat the contract as repudiated and reject the goods.
By ction 15b (2) SOGA 1979 where the contract is a consumer contract, a breach of the terms implied terms’ covered in Topic 1 will be regarded as a material breach. This will allow the consumer to reject the goods and claim damages. Additional Rights of Buyers in Consumer Contracts. It has 办公室文员的工作内容part 5a to SOGA1979 making provision for additional remedies for buyers in consumer contracts where the goods for not conform to
the contract at the time of delivery.
The remedies available under ction 48 SOGA 1979 are:
Repairing or replacement of goods; Reduction in price; Rescission of the contract.
Ca 2
1. Consumer Credit& The Consumer Credit Act 1974 (CCA 1974)
The CCA 1974 controls ‘ regulated agreements’ which are defined in Section 189 of the ACT as a consumer credit agreement ,or consumer hire agreement, other than an exempt agreement. A consumer credit agreement is the creditor supplies the debtor with credit not exceeding 25,000. This 25,000 limit only applies to amount of credit advanced.
2. There are two main categories of credit transaction or regulated agreement. Debtor-creditor- supplier’s agreement. Under Section 75 of the CCA 1974 both the creditor and the supplier are jointly and verally liable in respect of any breach of contract against the
supplier known as ‘connected lender liability’. The consumer would therefore choo to claim against either the creditor or the supplier.
3. Protectedradio复数 Goods under a Hire Purcha or a Conditional Sale Agreement. In a hire –purcha or conditional sale agreement, ownership of the goods remains with the creditor until the debtor makes the last payment. 制作正方体Under common law provisions creditors could reposss the goods where the debtor is in default of obligations. Ownership of goods does not pass until the last payment has been made. A credit sale agreement is one where the purcha price is payable in five of more installments. But it is not a conditional sale agreement. Ownership of the goods would pass immediately to the buyer.
4. Right to cancel the agreement. The debtor has the right to cancel within the ‘cooling off” 语用学period: there has been an oral lling of the agreement to the debtor; and the agreement has been signed by the debtor off trade premis. Cancellation of a regulated agreement also cancels a linked transaction, for example, where there is debtor-creditor-supplier agreement.
