Time Period to Wait for Buyers Final Decision - Essay Example

The study of Project There is a case of Paul, who has to purchase an antique clock from the Harry. Firstly he does not agree to purchase at the selling price, but after asking for three days for final decision. On that day he again wishes to purchase it through postal contract by knowing its worth. But the seller had sold the clock to another customer Anna due to one day late delivery of post. According to law, the seller has done a mistake as he could wait for three days by the customer’s final decision. So, the seller is responsible for his immediate mistake due to some reasons: There are several types of contracts between buyers and the sellers. Contract via postal service is one of the types to exchange the required documents. The methodology of postal service requires the acceptance of the offers with the help of written contracts by using communicational resources and does not require for the face to face meetings. Though postal contract is an easy way of communication to save time; but there are the possibilities of losing the contract papers, undelivered of the important papers, or delay in receiving due to unexpected strikes or the unusual holidays. According to law, a general rule for accepting the postal documents is valid at the time of delivery (whether at time or late). There is another solution of the late delivery of contract papers, is to accept the order on the basis of the posting date rather than the date of delivery for the acceptance of the order. The acceptance of the late receiving contract of acceptance also requires the condition of settling the offer and price through postal service. If the case of late delivery of the offer acceptance was not specifically limited under the conditions of receiving or posting date, then the rationale behaviour says that the buyer should not force for committed offer through postal documents for accepting or rejecting the offer. The system of no boundary conditions cannot run very efficiently due to certain types of unusual operations, because late delivery is not the mistake of buyer for which one can lose its required products. In some cases the rule of postal services are not very effective, if the contract is acceptable in terms of sending date rather than receiving date. It is clearly demonstrated that under some conditions the postal service rule will not implement if these were prohibited to express. In case of delay, the seller should ask for another contract form to keeping maintains the business efficiently. Although, to trust on postal service is not easy to trust as well, as it was trustworthy in 1818, but it is essential to provide firmness for good relationships in the business field (Marson, 2013). There are some solutions to overcome the issues during buying and selling; Time period to wait for buyer’s final decision (solution 1) Sometimes, the buyers can purchase those goods that have faults or the given price is not reasonable. To satisfy the needs of customers, there should be reasonable time period for acceptance or not acceptance the product. Although, the courts have not legislated yet to fix a time period for the customers to not accepting the product, but there are different time period limitations to wait for customers’ response, which can be from tree days to two years depending upon the circumstances (CUFS, 2012). In the given project, Paul could not purchase the antique clock, even he had told the seller to wait for three days for final decision, but Harry could not wait and sold it to Anna without informing to Paul. Need of agreements for buying and selling (solution 2) During the process of buying and selling, the agreements are ever helpful to run the business efficiently by satisfying the needs of customers. For agreements, the term “Heads” is used to setting the important points during the happening of deal between the buyers and the sellers. It is also called “the subject to contract” by binding the both buying and selling parties in a few points to be protected from any serious issue in the future, such as; a detailed negotiations in case of disagreements between the buyer and the seller, price settlements, warranty cards, confidential discussion, concessions, etc (Lexcel, 2007). There were no authentic agreements to bind Paul and Harry, so Paul could not get the required product. Services problems (solution 3) When the problem is related to the “services provision” occurs, and the consumer does not get his required product due to service delay issue, then the consumer can freely ask for remedy to the seller who could wait for hm. Same it is, the sellers should fulfil the demand of their contracted customers. If the product ranges in the minor subject, then the seller can refund or repay the customer’s requirement accordingly contract or do compensate for anything else of same price. In case of seller’s disoperation or taking long time to not refund then the consumer can take action against him by calling legal supervision or someone else to handle the issue (Australian Consumer Law, 2010). Getting help from Consumer Law (solution 4) A consumer is a person that goes to the market to purchase goods or services by giving cash or using credit card to pay the sellers. The situation of buying and selling by agreeing on terms and conditions is called a contract. The term “Consumer Law” refers to the contracts in the goods and services markets. Breaking the contract is called “breach of contract” (Commonwealth Consolidated Acts, 2010). The situation “breach of contract” occurs, when buyer or seller does not work honestly accordingly the agreements. The “consumer law” was made to tackle the issue of breaching the contract by legal ways, such as; some specific performances, indirect actions, sui for damages or losses, cancelling the contract in case of damage or fraud, etc (ETU, 2014). Change in Postal Rule (solution 5) It is an absolute reality that the priorities of people have changed in the 21st century due to technology advancements for professional contracts. E-commerce has brought modern technologies for the professionals or for the political scenarios through best communication techniques. The “postal rule” is a kind of law, which enables the buyers and sellers to communicate efficiently while trading. Although the postal rule was made to support the consumer and producer rights, but in real it has become a source of implemented authorisation, control over choices, expediency of business, etc. Now, the postal rule service has become a replacement of electronic postal service, such as official letters, official invitations, business letters, etc. In Australia, activists are ready to bring reforms in postal rule services (Australia, 2014). Expressing warranties (solution 6) The expressions of warranties are very helpful for the consumers to rely on the product’s loyalty. Warranties of expressions can be seen through the promising behaviours, way of representations, freely express the opinions, positive actions while trading between the consumers and sellers. The consumers ever need proper quality, condition, quantity, performance, etc. of the goods and services accordingly paying units (REGINA, 2008) . Goods Sale Act 1979 “Sale of Goods Act 1979” is the set of hard and fast rules to be abide by the sellers and the retailers. When a consumer purchases any goods, then he automatically enters into a contract with the supplier/seller for those goods. The Sales of Good Act 1979 was actually prepared to improve the goods quality and to satisfy the human needs on regular basis (Sale of goods act). If the consumers do not find required qualities in their purchased goods, then they can claim under the Act 1979. By claiming under the “sale of goods Act 1979” is the assurance of too many resolved issues, if they necessary to be solve out. “Sale of Goods Act 1979” is there to take action against the retailers or the company, as the manufacturer is ever saved by not claiming against them accordingly Act. It is also to remember that the “Sale of Goods Act 1979” does not implement on those goods that are not sold yet. According to the Act, if the consumer purchases a product and now he wants to return back due to any fault, then he has the right to reject it by giving it back for refund. The consumers have the right to replace or repair those faulty goods, from where these were sold. “Sale of Goods Act 1979” describes that it is the seller’s duty to must repair or replace the faulty goods, which were sold to the consumers. If the seller does not obey the “Sale of Goods Act 1979”, then he can face legal inquires against him by reduction in products’ prices or the money minus from the seller’s incomes. Accordingly the Act 1979, the consumers should take legal steps only for genuine problems in the products and true claims against the sellers for money back guarantees or repairing purposes (Rights, 2014). References Australia, T. . R. i. 2. C., 2014. contract law review, s.l.: s.n. Australian Consumer Law. (2010). Consumer guarantees A guide for businesses and legal practitioners. Commonwealth Consolidated Acts. (2010). COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2. Retrieved from www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html CUFS, (2012). Sales of Goods Law. In: s.l.:Abbey Legal Proection. ETU, (2014). Consumer Law. [Online] Available at: http://www.paralegaladvice.org.za Lexcel, (2007). A Guide to Buying and Selling a Business. [Online] Available at: www.steeleslaw.co.uk Marson, (2013). Business Law, 3rd edition. In: chapter seven. s.l.:Oxford University Press, 2013., pp. 3-5. REGINA, S., (2008). The Consumer Protection Act, s.l.: THE QUEEN’S PRINTER. Rights, C., (2014). Sale of Goods Act 1979. Sale of Goods Act. (n.d.). Sale of Goods Act - Which? Retrieved from http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act Read More