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The author of this literature review "Legal Environment of Business" comments on the legal environment surrounding the sale and purchase of goods. It is stated that the author purposes to advice Winston on the best course of action to take after a second-hand car dealer sold him a defective track. …
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Legal Environment of Business
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Download file to see previous pages According to Crose & Miller (2011), in any legal undertaking, it is good to understand what is legally right and what is legally wrong in any kind of legal issue. Therefore, it is advisable that Winston understand where his rights were infringed and where he might have failed during contract signing so that he can lay out a base for his legal arguments. This would enhance his chances of winning the case and thus enabling him to obtain compensation. As a plaintiff, in this case, he also needs to understand the courts that will be involved in the case reaches the litigation stage and the procedures involved in this stage so that he can prepare adequately. This paper plays a very significant role in explaining these issues and thus it would be of great assistance to Winston. Any kind of legal environment or undertaking is influenced by various factors. According to Meiners et al (2011), some of the factors that influence the legal environment are the needs and demands of the business community, consumers, and the government. In this paper, we start by explaining the issues surrounding these factors. These issues are like the difference between express and implied terms, sales of goods act, the difference between consumer and non-consumer sales, and process and procedures involved in the litigation stage of a case. We then proceed to the argument stage where we argue his case on these factors in order to determine the steps he should follow in his search for compensation.
According to Klass (2010), express terms are those terms found in the literal meaning of the words of the parties involved in a contract or in other significant acts. These terms are rigid and cannot change to implied term whatever the case that interprets them. They also do not have further categories and we cannot have very many of them in a contract. However, each contract must have several of those terms clearly understood by both parties before signing. All other terms found in a contract, which are not express term, are regarded as implied terms. Unlike the express terms, these terms are subdivided to those implied primarily by factual circumstances of the agreements and those implied primarily by the law (Klass 2010). Also unlike the express terms, the terms implied by the factual circumstances of the agreement can change to express terms depending on the situation that interpret them. They are also found in larger number in any form of a contract. However, these two terms have one similarity, which is that they have to be included in any form of a contract and each party must read and understand them before signing the contract. According to Klass (2010), when interpreting a contract, a court gives more priorities to express terms as compared to implied terms. This is mere because of their characteristics and their ability to explain the contract and the situation in which the contract was made. The express terms can also reveal some of the factors that made either of the parties to sign the contract. Therefore when signing any form of a contract one should be very careful with the express terms because they can play a very great part in making a case ruled to your advantage in case of any dispute arising from the contract.  ...Download file to see next pagesRead More
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