Verified Document

Business Law The Objective Of This Work Essay

Business Law The objective of this work in writing is to examine the case study and to answer the three following questions based on the information provided and the relevant consumer laws governing such defective product purchases.

Paul Price is clearly concerned about the Tefal Actifry. Explain to Paul Price about his rights regarding the Sale of Goods Act 1979 (amended). In your answers you are required to refer to the relevant sections of the Sale of Goods Act (SOGA) and relevant case law. Assuming the shop where the purchase was made had included an exclusion clause limiting liability briefly explain whether the company could rely on this clause.

The Sale of Goods Act (1979) is applicable to contracts of sale of goods which is where the "seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price." (Sale of Goods Act, 1979) The contract may be either "absolute or conditional." (Sale of Goods Act, 1979) Where under a contract of sale 'the property in the goods is transferred to the seller by the buyer the contract is called a sale." (Sale of Goods Act, 1979) In regards to implied terms about quality or fitness the Sale of Goods Act (1979) states as follows:

"Subject to this and any other Act, there is no implied condition or warranty about the quality or fitness for any particular purpose of goods supplied under a contract of sale. Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he is the manufacturer or not), there is an implied condition that the goods will be reasonably fit for such purpose, except that in the case of a contract for the sale of a specified article under its patent or other trade name there...

As a result Sandra a keen gardener has not been able to work in her garden and Dave has not been at work for over a month. The kitchen will also need to be re-decorated. Paul and his parents are convinced that their condition was caused by the faulty Actifry chip fryer. Explain to Dave and Sandra the relevant principles of tort law; advise them on the course of action that could be taken, and whether Tefal has any liability for negligence in relation to them.
A products liability lawsuit enables the individual to prosecute a case against reckless, incompetent or negligent manufacturers. Product defect cases are based on strict liability rather than on negligence. Even where the manufacturer exercised the standard of great care, a defect in the product results in the manufacturer retaining liability which means that the consumer does not have to prove fault on the part of the defendant but instead has to prove that the product was unreasonably dangerous or defective and that an injury resulted from the product. Product claims can be brought under three primary theories including:

(1) Design defects in which liability arises due to an oversight or mistake in the product design resulting in the product being dangerous when use as it was intended;

(2) Manufacturing defects in which liability arises from a defect that results…

Sources used in this document:
Bibliography

Sale of Goods Act1979 (nd) The National Archives. Retrieved from: http://www.legislation.gov.uk/ukpga/1979/54

Defective Products (2012) Consumer Issues. Retrieved from: http://www.enotes.com/consumer-issues-reference/defective-products

Panatol Corporation v. Emerson Electric Company No. 04-03-00547-CV (2005) Court of Appeals of Texas, San Antonio. 23 Mar 2005. Retrieved from: http://caselaw.findlaw.com/tx-court-of-appeals/1222310.html

Larson, Aaron (2005) Defective Products Law. Mar 2005. Retrieved from: http://www.attorneys-usa.com/products/products.html
Cite this Document:
Copy Bibliography Citation

Related Documents

Business Law Which Type of
Words: 2338 Length: 6 Document Type: Term Paper

Part 6 also gives guidance in the case of some specialized types of contract. UCITA in Part 7 for the major part carries over the popular rules of Article 2 involving breach when suitable in the perspective of the tangible medium on which the information is fixed, but also takes up a common law rules from Article 2 on the waiver, cure, assurance and anticipatory violation in the perspective

Business Law I Final
Words: 1569 Length: 5 Document Type: Term Paper

Business Law Final The case involving John is a part of a pattern of behavior that is designed to benefit him at all costs. This has made him more egotistical in his dealings with others by knowingly violating the law. As he is has been indicated and never found guilty 10 times. This is problematic, as it is giving John and his associates a sense of aloofness. To effectively curtail these

Business Law, One of the
Words: 2210 Length: 7 Document Type: Term Paper

It is at this point, when the company will address these challenges over the long-term and become more economically viable in the process. ("Resolution of Business Ethical Dilemmas," n.d.) At the same time, this strategy is very balanced. The only drawback is that there will be short-term pain (in varying degrees) for different stakeholders. This means that the firm can remain in business when the bankruptcy is occurring and maintain

Business Law Memo the CEO
Words: 1448 Length: 5 Document Type: Research Paper

When this happens, actuaries can use the data that was collected to provide a clear picture of what is taking place inside the various segments of the firm. ("Sarbanes-Oxley Act") (Holland) Obtaining a complete list of all business units is where the off the books activities and any type of outside partnerships are disclosed to managers. This helps them to determine the extent of these arrangements on the company and

Business Law Contract Analysis U-Haul:
Words: 4590 Length: 15 Document Type: Term Paper

Independent dealers must sign a contract that sets forth the manner in which they will operate their rental centers. Often a small business owner will supplement their income be adding U-Hauls to their market mix. Independent contractors earn a commission on their sales. Each division of AMERCO has it own president. All of them must report to a Board of Directors. The Chairman of the Board and overall President is

Business Law Is Becoming Increasingly
Words: 3500 Length: 12 Document Type: Research Paper

It in this manner, therefore, that mediation is preferable. 2.3 ROLE of MEDIATOR in the INDUSTRY Acting as a bridge between the parties, the mediator, arbitrarily, assumes either a purely facilitative role in which he restrains himself from interfering, or serves as an evaluator where he evaluates the nuances of the case and recommends a basis for settlement. However -- and this is where mediation differs from arbitration -- the mediator is

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now