Introduction
A business consists of trade of any profession or vocation. Business law looks at the formation of the business and the contracts plus legislations within it. The body of a business has rules and regulations that business law enforces enabling it to govern the transactions between business entities. In relation to that is commercial law. Marketing, Bankruptcy, contracts and trade in general are all under commercial law. In this assignment I will be assessing that and looking into case studies. I will be advising and quoting some of the acts to support my advice and explaining different terms within Business Law.
Case 1 1. In order to provide strong advise for Julia as to if she has accepted the washing machine we have to look into the formation of the contract, specifically the acceptance aspect. We would look into the terms implied by statutes into contracts for the sale of goods i.e. the washing machine, then the passing of the risk, finally the remedies that fit the case.
Two acts relate to this case and that is the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994 and 1995. Julia orders a new washing machine which is delivered to her house. Under the Sale of Goods act 1979 the seller transferring the property (washing machine) to Julia (the buyer) for a money consideration (order) is a contract. Ownership is another word for property, the only case where there is not ownership is when the goods or services are hired. The Sale of Good Act 1979 as amended by the Sale and Supply of Goods Act 1994 had implied terms which were compliance with description; satisfactory quality; fitness for purpose and conformity between sample and bulk. In regards to Julia’s case looking into the fitness for purpose and satisfactory quality would be ideal to stir up the best advice.
However s.13 (1) which states where there is a contract by description, there is an implied term that the goods will correspond