Assessment - Case Study 1
Question1
Referring to the Sales of Goods Act 1979, explain the main characteristic of a contract of sale.
The contract of sale take place in every day life when we buy something in the shops either food or clothes or just newspaper. There aren’t buying without law. It is important that we always know our rights if we buy something.
Referring to the Sale of Goods Act there are two types of contract. One of them is sale and the other one is agreement to sell. Sale is when the ownership of the goods transfers to the buyer at the time of sale. Agreement to sell is the transfer of ownership takes place some time after the contract is agreed. When sale happens the buyer has real rights which can be used against everyone that means full rights. But in the case of agreement to sell the buyer has only personal rights. It is good only against the seller.
Question 2
Referring to case low to support your answer, explain the implied terms of the Sale of Goods Act 1979.
Implied terms means when in case of sale the seller has right to sell the goods. It is also an agreement to sell, the seller will have the right to sell the goods at the time when the ownership transfers. That the goods are free from any charge or encumbrance in favour of a 3rd party, which was not disclosed to the buyer before the contract was made. That the buyer will enjoy quiet possession of the goods undisturbed by the claims of a 3rd party
Question 3
Advise Troy on his legal right to purse an action against the store.
This story is about Troy who bought a radio-operated helicopter. He got a nice offer in the shop with warranty and he bought the helicopter immediately. The extended manufacturer warranty sounded great which he got when he made the deal. The problem was that he have never read what is this warranty means exactly. He will know that too late after his problem. But that wasn’t only his fault because the seller