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Winston Graham and Daly Car Sales Ltd Law Contract - Essay Example

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 The purpose of this analysis is to closely examine the case of Winston Graham and Daly Car Sales Ltd and hence depict out the legal issues involved. The study will also aim at explaining a contract of sale in finer details to enable one to understand this case…
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Winston Graham and Daly Car Sales Ltd Law Contract
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Download file to see previous pages In order to explain these, one is required to ask himself a question. How is the incorporation of terms done in a contract? At a first glance, the question might look unqualified since one would expect the terms to be included in the contract explicitly. In regard to Express Terms, they are those terms, which have been stipulated and agreed by the parties at the instance of making the contract. Express terms could be expressed in writing or orally. On the other hand, implied terms are usually not mentioned when entering into a contract but nonetheless, they are included in the contract. Often, this is due to the fact that there is no commercial sense in regard to the contract if the term is not incorporated. According to the Sale of Goods act, the key provision, which the seller of the light truck has breached are; section 14 of the statue that states that goods ought to be of satisfactory quality. As such, it is a must that they meet the standards a person, who is reasonable, would consider satisfactory. Moreover, if the buyer makes a clear specification that he is buying for a stipulated purpose, then the underlying implied term is that the purpose of the goods then must be fit. This therefore, introduces the first legal issue, which is breach of the contract. However, this issue will be discussed among the legal issues imminent in the case.
Consumer goods are read as any item, which is movable and movable but with the exception of; goods sold engaging execution way of selling or otherwise sold. due to authority of law and gas as well as water whereby, they have neither been put up for sale in a quantity, which has been set nor in a limited volume. Still, consumer goods exclude electricity. Selling of consumer goods must be in such a way that they are in conformity with the sale contract. As such, as with this case, they are regarded as in conformity with the contract of sale if the goods are fit for the intended purpose in regard to the use of the same type of goods (Borchel 2005).
Furthermore, they conform to the sale contract if they are fit for a specified purpose required by the consumer and for which the buyer has explicitly informed the seller about at the time the contract is being concluded and at the time the seller accepts the contract. Moreover, they are said to conform with the contract of sale if their quality and performance are indeed satisfactory. This is if at all the nature of the ...Download file to see next pagesRead More
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