Analysis of Nike Shoes Case Study SITUATION 1 ISSUE Rights for claiming damages under the Sale of Goods Act 1979 for the defective product supplied. RULES Defective products victim can claim compensation either under SOGA or under CPA or under the Law of Contract (LOC) or under the Law of Negligence (LON) or a mixture of these or under the Unfair Contract Terms Act 1977…
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either orally introduced or written. In the following three scenarios, the terms may be inferred from a contract. (i) In fact- where the contract consists of no specific term but the signatories to contract must have in mind to be included in the same (ii) By law – the provisions contained in Sale of Goods Act 1979 (SOGA). (iii) BY customs followed by the contracting parties. Thus , there exists an implied term of any sale of product contract between a consumer and a commercial seller or between two commercial sellers themselves , that as per S.14 of SOGA , products sold are of reasonably suitable for their purpose and of satisfactory quality and as per S.1 of SOGA, products adhere with any available sample or any description. It is to be observed that a seller will be held accountable for infringement of these implicit terms. (Popat 2010: 319). Under SOGA, if a defective product has been supplied, then it would result in the basic infringement of contract and hence, the buyer can either seek damages or repayment of purchase price or to reject the product itself. As per s.14 of SOGA, the product should of satisfactory quality. ...
In “Camell Laird & Co v The Manganese Bronze and Brass Co  402,” it was held that for supply of defective products, the seller was accountable under S.14 (1) of SOGA. (Popat 2010:391). In “Abouzaid v Mothercare (UK) Ltd”, claim for defective product was successful as the Court of Appeal held that product supplied was below the standard of safety of the public and hence was entitled to claim damages under CPA. However, in this case, the claim under tort of negligence was failed because it was not rationally predictable that the product would have caused such a harm or injury. (Rush & Ottley 2006:291). A consumer may bring a claim against supply of a defective product against the seller who sold the goods and in normal parlance, the seller of the products will claim from the manufacturer or the distributor. A single consumer can initiate such a claim individually and where a large number of consumers are affected, then group claim can be made. Normally, as there is no direct contractual remedy is available against the manufacturer for a consumer as there is no direct privity of contract between a consumer and the distributor or the manufacturer. Unless, if there is a contract of guarantee issued by the manufacturer, the consumer has no direct contractual remedy from a manufacturer or a distributor. If a manufacturer gives a guarantee, then it will be considered as a separate contract and will be implemented against the manufacturer. Further, the Sale and Supply of Goods to Consumers Regulations 2002 regulate any such guarantees. (Popat 2010:319). CONCLUSION It is advised that Matt’s parent has the right to demand damages or refund of money paid for Nike shoes from
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(Analysis of Nike Shoes Research Paper Example | Topics and Well Written Essays - 2000 Words)
“Analysis of Nike Shoes Research Paper Example | Topics and Well Written Essays - 2000 Words”, n.d. https://studentshare.org/business/1394027-business-law.
The company leads globally in the design and supply of athletic apparel and shoes, and sports equipment. In its 2008 fiscal year, the company recorded an excess of US$18.6 billion in its revenue and it employed over 30,000 people globally. According to The Oregon, Precision Castparts and Nike are the only Fortune 500 corporations headquartered in state of Oregon.
The paper tells that Nike location is in the United States of America. The operation of the company persists in a way that corporate a normal business environment. This means that analysis of the strategic competitive advantage of the company is the drivers for the business growth. A good management position concerning the main product lines will yield positive results.
Quality Management in Adidas and Nike 7 5.0.Technology Involvement in Adidas and Nike 8 6.0.Inventory Management in Adidas and Nike 9 7.0.Summary 11 References 12 1.0. Brief Background of the Companies 1.1. Adidas Adidas is quite a renowned name in the sports industry.
new markets, and creating value for goods and services. All these are the core functions incorporated in Nike Inc. and the recent mergers and the subsequent actions taken in this regard. Specialty: Nike Inc is not just limited to a single foot wear item, rather it ensures its presence in multiple ways, such as sports equipment, apparels and various other inter related items.
Nike industry is referred as such due to the various affiliations and divisions that the company is involved with. However, the intensity of competition in this industry focuses on other companies whose potential for market share competency is a threat to Nike.
Even though this is most popular brand of shoe among the sports people and teens in school who engage in various life activities, to convince even the rest of the world to purchase the product, comfortability should be given the first priority in the advertisement.
The company is having prestigious image in sports garments and sneaker industry. Nike is having a well vested and protected brand power that it can use in order to win the hearts and minds of the clientele in developing parts of the world as well. The athletes and other sportsmen and women have been known to favor Nike whenever they can.
Of course, the overall aim is to have a huge market share and compete with other sportswear companies such as Adidas and Reebok. The company has endorsements with different companies and football clubs. All