Business Contractual Relationships
Outcome 1
Candidate Name:
孙悟空图片简笔画Grade and Class:
Content
淮北相山公园1.0 Introduction
This report need u the Business Contractual Relationships knowledge to analysis five questions. All the all need to contact the ca that the something with the John.
2.0 Finding
声调怎么打2.1
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Yes, the John has the contractual relationship.
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Offer and acceptance are elements required for the formation of a legally binding contract: the expression of an offer to contract on certain terms by one person to another person,廉州往事 and an indication by the offeree of its acceptance of tho terms. The other elements traditionally required for a legally binding contract are consideration and an intention to create legal relations. Offer and acceptance analysis is a traditional approach in contract law. The offer and acceptance formula, developed in the 19th century, identifies a moment of formation when the parties are of one mind. This classical approach to contract formation has been weakened by developments in the law of estoppel, misleading conduct, misreprentation and unjust enrichment.There are many transactions involving the transfer of ownership which are not contracts of sale. For example, gifts, mortgages, exchanges (barter), the supply of materials under a contract for work and materials, and so on. A sale must involve the passing of some form of ownership, this does no necessarily involve a transfer absolute title to the goods. There are some definitions which you will need to understand when looking at the question c wh
ether or not a "contract of sale of goods" exists.
In the ca, the John paid for the laptop, it belong to exchanges and belong to the contract of sale. The John has the capacity to contract with the MegaTech company.
2.2
Yes , John can reject and return the laptop. Becau scratch ”Consumer Right Act 2015” ction 9 -Satisfactory Quality’
The ction 9 was revision by the statute law. The standard of satisfactory quality is that a reasonable person would regard as satisfactory, have a full consider of goods description, the price and all other relevant environment. And there are 5 factors potentially relevant. 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. But in the ca the John got the laptop has the different appearance.
Section11--Sale by Description
A implied condition is the goods will correspond to the description. If a description is applied to the goods, it is a sale by description even though the buyer do not have inspected the goods. In the ca, the laptop different with the John describe.
So the John can reject and return the laptop.
2.3
A
Incorrect the sales assistant correct. By the Consumer Right Act 2015 the fact that goods are in a sale does not diminish the buyer's unless they are clasd as “ conds” etc or a particular defect is brought to the attention of the buyer as being the reason for the reduction in price. It is unlawful under the Consumer Transactions (Restrictions on Statements) Order 1376，as amended, to state that there is “No refund on Sale Goods".
In the ca the sales assistant want to refund John or replace the laptop for him.
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B
No, the shop can not rely to sign that exclusion contract. In a consumer contract any attempt to exclude or restrict liability for breach I of Sections 13, 14 and 15 is void.
Consumer contracts are when one party deals in the cour of a business and the other party does not - for a contract of sale of goods, the goods are of a type ordinarily supplied for private u or consumption.
In commercial contracts any attempt to exclude or limit liability for breach of Sections 13, 14 and 15 shall have no effect unless it was fair and reasonable to incorporate such an exclusion or limitation clau in the contract. The onus of proof that such an exclusion is fair and reasonable falls on the party eking to enforce the contracting-out clau.
2.4
A
Consumer Credit Act 1974 is a consumer credit agreement or consumer hire agreement other than an exempt agreement. Debtor-creditor-supplier agreement is one of the main categories. Debtor-creditor-supplier agreement. Where the creditor is also the supplies of the goods .In the agreements where goods or rvices cost more than £ 100 or less than £ 30,000 the debtor can hold the creditor jointly and verally liable with supplier when he claims misreprentation I or breach of contract against the supplier known as “connected lender Liability”. It have 3 part. In the ca, John is the debtor, the Bank is the creditor and the MegaTech company is the supplier. There is a per-existing financing arrangement between creditor and supplier. In the ca, the shop was offering the credit option and the credit was financed through Bank. Besides that, the MegaTech company and Bank are jointly and verally liable. Therefore, John could let the Bank undertake the responsibility.
B
In the ca, the bank and John have joint liability, then they are each liable up to the full a
mount of the relevant obligation. Accordingly, the John may sue bank for the full amount. However, in suing, the creditor has only one cau of action; i.e., the creditor can sue for each debt only once. In the ca, the John sues all of them for the outstanding loan amount and one of them pays the liability, the creditor cannot recover further amounts from the banks and the company who did not contribute to the liability.
2.5
Yes, Anna has no contractual relationship. Consumer Protection Act 1987 is a strict liability on a producer for damages caud by a defective product. About the defect, if its safety is not what persons are titled to expect and generally entitled to expect and take into account the product’s design, the purpo for which it was marketed and u any warnings or instructions. Consumer Protection Act 1987 was amended by General Product Safety Regulations 1994(GPRS), for the ca, the laptop started to burn and exhale smoke. the conditions belongs to using the machine in normal. Therefore, Anna can got the damages and rescission the contract.
