Fitness for purpose - sales of goods, Business Law and Ethics

Fitness for Purpose - Sales of Goods

However that goods such are bought for a particular purpose that are reasonably fit about that purpose:(S.16 (a))like Whether this condition is implied only if: like;

  • The specific purpose was made known with the seller, expressly or through implication. Therefore this is illustrate by: like;

 

Baldry v Marshall (36) like in the purpose was expressly made just known to that seller.

Priest v Last (37) in the purpose was deemed for have been impliedly made just known to seller there.

  • The goods are of a explanation where it is in the course of the like seller's business for supply there.
  • However this provision limits liability about manufacturers, like to wholesalers, like to retailers and to dealers. Further private sales of second-hand goods such are presumably excluded from operation so.
  • The buyer relied at the seller's skill or judgement. Further the reliance will normally be assumed, and is standing on the fact like such selling the goods is that the seller's profession or his business.

Since Section 16 (a) contains the words like "whereas he be the manufacturer or not" like the case of as Frost v Aylesbury Dairy Company (38) whereas shows such the liability which it imposes is never restricted to manufactured goods then and may, should in appropriate cases, apply just to non-manufactured goods like well. Perhaps that is presumably so then the words are put in such brackets.

Exception

Therefore the seller would not be liable whether he proves such the goods were sold below a patent or other trade name like such was explained in as Bristol Tramway Company Limited v Fiat Motors (39) like so and such the buyer did not rely at his skill and judgement, such  explained in like Baldry v Marshall (36) also.

Posted Date: 1/31/2013 4:58:48 AM | Location : United States







Related Discussions:- Fitness for purpose - sales of goods, Assignment Help, Ask Question on Fitness for purpose - sales of goods, Get Answer, Expert's Help, Fitness for purpose - sales of goods Discussions

Write discussion on Fitness for purpose - sales of goods
Your posts are moderated
Related Questions
Question 1: (a) Describe any five topics in employee relations from the following: Employee Engagement, Workplace Investigations, Employee Satisfaction, Performance Management,

Patriot, Inc (a C corporation) filed for Chapter 11 bankruptcy protection during August, 2011 and has worked out a re-organization plan that was accepted by the Bankruptcy Court an

Q. What is Zone Refining? This method is used to obtain metals of very high purity. The basic principle involved in this process is similar to fractional crystallisation. A sma

As organisations affect many people, they have obligations to their employees, consumers, community and the world. They have a responsibility to conduct business in a way that is n

What is Policy Clustering Adoption of policies is motivated by the observation that nation-states, or some other jurisdictional unit, choose similar institutions within a fairl

Multiparty system and coalition We have already made conceptual excursion gaining impressions of the existence of multiple parties. Now, in this section we shall observe that h

Purchase Of Own Shares: Another possible way in which a company's paid-up capital may leave the company other than in the ordinary course of the company's business would be if

As you think about the rights of workers enhanced by anti-discrimination laws, have society and organizations become more tolerant and competitive due to less discrimination in the

hi there, we are looking forward your assistance to do our business law assignment as we have 4 legal issue and we have to use law in commerce (5th edition) text book for that assi

Register of Directors' Shareholdings: Section 196(1) requires every company to keep a register showing the number, description and amount of any shares or debentures which are