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Case study Paul Price - Essay Example

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Law Case Study Name Institution: Question one Paul Price in this case study is the buyer/ consumer while Tefal Actifry is the seller. According to the Sale of Goods Act 1979, the buyer, Paul Price, is subjected to particular rights as the consumer. Tefal Actifry is also protected by the provisions of the Act that details the rights of the seller…
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Download file to see previous pages For instance, Tefal Actifry sold the good to Paul Price by description. The good was therefore implied to correspond to the accorded descriptions by Tefal Actifry. The failure resulted into the breach of the implied terms in section 13 of the Sale of Good Act 1979. Section 14 provides that business people ensure that their goods are of satisfactory fit and quality for their purpose. Tefal Actifry although described the good as satisfactory and safe, the good turned out to be disastrous, however, and other similar goods sold to other consumers proved of good quality and safety (Stewart 1998). Therefore if Tefal Actifry had included a clause limiting their liability, this is the point where it would have relied on the clause to avoid complications with the buyer, Paul Price. Paul price should be aware that when one buys a good, he or she enters into a contract with the seller. The goods purchased must be as described, of satisfactory quality and fit for purpose. The buyer, Paul Price, is provided with different protections when purchasing a good under contract law. Paul Price should be aware that he got into a contract with Tefal Actifry immediately he accepted and paid for the good. There may be concurrent liability for the manufacturer in the law of tort should goods which are faulty result into any significant harm or injury to the buyer, his or her property, but the buyer’s primary rights under the contract of sale lies with the retailer (Mark 2003). According to the Sale of Goods Act 1979, there are four major protections accorded to the buyer: the seller must possess the right of sale over the good (section 12), the goods that are sold with descriptions have to correspond to the given descriptions (section 13), the good sold must have a quality that is satisfactory enough (section 14), and in section 15, all goods sold by a sample must correspond to the quality of the sample. Paul Price should be aware of the above and observe with sound mind any breach of those protection and sue where necessary because Tefan Actifry is liable to the breach of any of those four provisions (Van 2001). Paul Price should know that the mentioned protections are statutory implied terms. Therefore the Sale of Goods Act will have to put those terms into contract of the goods sold regardless of what the agreed terms and conditions of the sale that the parties have agreed on themselves. The buyer, Paul Price, should be informed that a contract is just for provided goods sold. It is a transfer ownership of the goods sold for the money exchanged. Therefore if the seller, Tefal Actifry, breaches any of the provided terms, the statutory rights of the buyer, Paul Price, then the buyer is entitled to a remedy (Mark 2003). Therefore, Paul Price is entitled to a remedy by Tefal Actifry because of the breach of Paul’s statutory right provided in section 13 that the goods sold by description have to meet correspond to the given description. Tefal Actifry gave description of his good during the sale and it turned out otherwise, therefore he is liable to the damages that resulted from the good contrary to what he gave as the description during the sale (Stewart 1998). Tefal Actifry stated during the sale of the Actifry that “ ...Download file to see next pagesRead More
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