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

Assignment Help:

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.


Related Discussions:- Fitness for purpose - sales of goods

Explain the international law on kashmir dispute, Normal 0 fals...

Normal 0 false false false EN-IN X-NONE X-NONE MicrosoftInternetExplorer4

Statutory power - mergers and winding up, Statutory power - mergers and win...

Statutory power - mergers and winding up: It is usual to proceed under s.207 as there are technical difficulties over s.300 procedure.  The liquidator's powers to reach a comp

Show the number of phoenix operators, Q. Show the Number of phoenix operato...

Q. Show the Number of phoenix operators ? A key challenge in quantifying phoenix activity is estimating the number of companies engaging in the activity. In 2001/02, 1.6% of co

Determine the reasons of policy perspective, Determine the reasons of polic...

Determine the reasons of policy perspective The term system is needed for two reasons: i) It encompasses all sovereign states and therefore possesses the virtue of being com

Right to prior repayment, Right to prior repayment: Therefore this was...

Right to prior repayment: Therefore this was not variation of class rights since the existing preference shareholders had the same number of shares (and votes at a class meeti

Describe the definition of a valid contract, Question 1 It is significant ...

Question 1 It is significant for any person to know law as ignorance of law is no excuse. Modern USA law has been derived from some sources. Describe the primary and secondary sou

Hire-purchase and conditional sale – sales of goods, Hire-Purchase and Cond...

Hire-Purchase and Conditional Sale – Sales of Goods Conditional Sale is an agreement for the sale of goods like in which the purchase price or part about it is payable through

Find the murderer, Your first big case is a multiple murder. As defense att...

Your first big case is a multiple murder. As defense attorney for SyKopath, you have come to the realization that he really did break into a couple's home and torture and kill them

What is the european law, What is the European law? European law: ...

What is the European law? European law: Designed to make a single market for European member states to trade freely all along with each but has as moved onto a closer tie

Administrative law, QUESTION Miss Titch Herr, a newly appointed educati...

QUESTION Miss Titch Herr, a newly appointed education officer, starts her day at No Nonsense State Secondary School (NNSSS), an institution wholly subsidized from public funds

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd