Essays on Legal Aspects of Business Assignment

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The paper "Legal Aspects of Business" is a great example of a Business Assignment. The case between French Rice Trading Ltd and CIF Bristol to British Food Industries Ltd can be resolved under the law of contract. Under the Sale of Goods Act and Consumer Rights Act, the product's qualifying category of sale should be satisfactory in quality and fit for purpose. The rules as described by the Acts entail both digitals as well as physical goods which must meet the following standards: Satisfactory Quality – the products that have been sold should never be faulty and or damaged at the time of receipt.

The consumer of such goods should exercise his mandate to pose queries just like how a reasonable person would do. Fit for Purpose – BSS Group Plc v Makers (UK) Ltd (t/a Allied Services) [2011] EWCA Civ 809 holds that the products supplied should fit the exact purpose to which they were supplied for and any specific purpose that agreed between the trading company and the consuming company. As Described – All the products supplied by the firm should match the description availed to the consumer, or any model and samples prevailed within the time of purchase. The Contract After the purchase of products, both the selling company (seller) and the buying company (consumer) enter into a contract.

This means that they become parties to a binding contract. A contract is an agreement existing between two and or more parties, which is binding in nature. There are terms set by the contract which must be followed to the latter. Additionally, there are specific standards defined and set by the law relating to consumer contracts. In order for the term to be binding, it must concisely be part of the contract as well as be legal.

The terms forwarded to a consumer after the finalization of the contract, are not considered part of the contract and therefore do not have any effect. It is not mandatory for a contract to be made in writing. However, legal practitioners recommend a written contract to act as evidence in case of occurrences of disputes later on. The breach of contract arises when one of the parties to a contract fails to comply with all the terms prescribed in the agreement. The right to Reject In our case, British Food Industries Ltd (consumer) has the right to reject the goods since part of the rice was moldy.

This arises from the fact that French Rice Trading Ltd (seller) failed to comply with the initial terms of the contract. E. Clemens Horst Co. v. Biddell Bros. [1912] A. C. 18 asserts that it does not matter whether the products arrived safely at the port of Bristol. The factors to consider in this respect include quality and time. If the products do not meet the requirements, the consumer is entitled to a short period of time in which he is expected to reject them.

The rejection period lasts for a period of 30 days, except in instances where the expected life of products is shorter. The right does not also apply in an instance where the breach pertains to the incorrect installation of products. The consumer may ask for the replacement of the product within the 30 days period. The period is then paused to give the consumer another 30 days and or 7 days (the longer period is selected) to ascertain whether a replacement has been done.

Bibliography

Journal Articles/Books/Reports

Collins, H. The law of contract’, Cambridge University Press (2003).

McKendrick, E. Contract law: text, cases, and materials, Oxford University Press (UK) (2014).

Raysman, R., Pisacreta, E. A., Adler, K. A., and Ostrow, S. H. Intellectual property licensing: forms and analysis’ (2016). Law Journal Press.

Gans, J. S., Murray, F. E., and Stern, S. (2017). Contracting over the disclosure of scientific knowledge: Intellectual property and academic publication’ (2017). Research Policy, 46(4), 820-835.

McKendrick, Ewan. Contract law: text, cases, and materials (Oxford University Press, 2014)

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