Nobody downloaded yet

Commercial Law - Essay Example

Comments (0) Cite this document
Summary
The legal issues arising under the contracts for the sale of goods between Contigrain and Agrigus as well as the contract between Contigrain and Munchy turn on the question of whether or not the goods in question have effectively passed from the buyer to the seller. The primary…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.1% of users find it useful
Commercial Law
Read TextPreview

Extract of sample "Commercial Law"

Download file to see previous pages The purchase of the conveyor belt raises the issue of whether or not Contigrain is an innocent third party and can claim damages for fraudulent misrepresentation on the part of Hampshire. The sale of the truck to farmer Giles may also expose Contigrain to liability on the grounds that the truck was not of merchantable quality.
In order to determine whether or not Contigrain is entitled to demand possession of the Brazilian peanut extract from the liquidators of Agrigus or demand payment in full from Munchy Feeds for the turnip fibre it is necessary to examine each contract by reference to the Sale of Goods Act 1979. To start with Section 2(1) defines a contract for the sale of goods as an agreement where the vendor “transfers or agrees to transfer the property in goods to the buyer” for a price.1 On the facts of the case for discussion there is a sale of goods contract in both instances. Clearly, Contigrain and Agrigus agreed that in consideration of the sum of 1000 pounds per ton, Agrigus would transfer 100 tonnes of peanut extract to Contigrain for which the latter made a payment of 50,000 pounds. Similarly, Contigrain agreed to and did deliver 500 tonnes of turnip fibre to Munchy in consideration of the sum of 1000 pounds per ton to be paid in full within 30 days of delivery.
Having established that contracts for the sale of goods have been completed between Contigrain and Agrigus and Contigrain and Munchy, it is necessary to determine whether or not and at which point title to the property passes from the seller to the purchaser. This is important for ascertaining who bears liability for any risk associated with the goods. Section 20(1) of the Sale of Goods Act 1979 provides:
Unless otherwise agreed, the goods remain at the sellers risk until the property in them is transferred to the buyer, but when the property in them is transferred to the buyer the goods are at the buyers risk whether delivery has been ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Commercial Law Essay Example | Topics and Well Written Essays - 3000 words - 1”, n.d.)
Commercial Law Essay Example | Topics and Well Written Essays - 3000 words - 1. Retrieved from https://studentshare.org/miscellaneous/1562175-commercial-law
(Commercial Law Essay Example | Topics and Well Written Essays - 3000 Words - 1)
Commercial Law Essay Example | Topics and Well Written Essays - 3000 Words - 1. https://studentshare.org/miscellaneous/1562175-commercial-law.
“Commercial Law Essay Example | Topics and Well Written Essays - 3000 Words - 1”, n.d. https://studentshare.org/miscellaneous/1562175-commercial-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Commercial Law

Commercial Law

...?Question One Issue Being Raised Is Blogon Breweries bound to repay the loan from Greendale? The question in the current issue is if Blogon BreweriesPty Ltd is bound to pay the loan from Greendale Bank Co. This communication contains a response on your query stated above. In the situation with Greendale Bank Co with Pierce Hawthorne who is the Finance Manager of Blogon Breweries Pty Ltd can be clarified with the ostensible authority in the agency law. However, there is no current Australian precedent that tackles with your current situation. On the other hand, there are cases in United Kingdom and Singapore that similarly dealt with your situation. In view to this, the following discussion will deal on these cases, and...
13 Pages(3250 words)Research Paper

Commercial Law

...? INSURANCE LAW The Law of Insurance Introduction The law of insurance is an agreement between two parties where one person, known as the insurer, agrees to pay another person, known as the assured, a certain amount of money in case of uncertainty. The assured, has to pay some money each month known as the premium, so that the agreement can be effective. In a real case in a court of law, insurance was defined by “Lawrence, J. in LUCENA v CRAUFURD” as "a contract by which one party in consideration of a price paid to him adequate to the risk becomes security to the other that he shall not suffer loss, damage, or prejudice by the happening of the perils specified to certain things which may be exposed to them (Dobson, 1997... )”. For the...
8 Pages(2000 words)Essay

Commercial Law

..., Motivations and Barriers", Journal of Business Ethics, vol. 115, no. 3, pp. 489-513. Coggins, J.K. & Donohoe, S. 2012, "The validity of adjudicators' determinations containing errors of law", International Journal of Law in the Built Environment, vol. 4, no. 2, pp. 116-125. Dahdal, A. & Gillies, P. 2009, "Characterising the Action In Rem in Australia and the Implications on International Commercial Arbitration", Journal of Maritime Law and Commerce, vol. 40, no. 2, pp. 271-290. Eden, Y. & Sonsino, D. 2006, "Probability Weighting in Damage Claiming Decisions", Journal of Insurance Issues, vol. 29, no. 2, pp. 179-192. Edmond, G. 2004, "Thick Decisions: Expertise, Advocacy...
9 Pages(2250 words)Essay

COMMERCIAL LAW

...to the unregistered employees of a company and black cash is used to pay them. 8. Fictional loans 9. Hiding the money at home or other places 10. Tax evasion and also that legalize unreported assets in tax havens. ANTI-MONEY LAUNDERING IN UK Anti-money laundering is a framework within an organization or a financial industry to describe the methods to control and prevent the money laundering. It came into prominence after the formation of FATF (Financial Action Task Force) and after the promotion of a proper anti-money laundering system. This system gained more prominence in 2000 and 2001 after the FATF began identifying countries that were lacking in their anti-money laundering laws, a process that was known as 'name and...
7 Pages(1750 words)Essay

Commercial Law

...be establish. He will be held liable for the loss suffered by Gill and the institutions involved. References Bayles, M. D. (1990), Procedural Justice. Allocating to Individual, Dordrecht, Kluwer Academic Publisher Dhanrajlal, M and Ratanlal, N, (1999), Code of Criminal Procedures, 12th Edn New Delhi, Wadhwa Emanuel, S. L, (2004), Fundamental of Business Law, 4th Edn, Sydney, Educational Publisher Emerson R. W, (2003), Business Law, 5th Edn, Sydney, Educational Publisher Jertz, A, Miller L. R, (2004), Fundamentals of Business Law, 3rd Edn, Nairobi, Macmillan Publisher Hussain, A, (1993), General Principles and Commercial Law, 1st Edn,...
10 Pages(2500 words)Case Study

Commercial law

...was dealing in the course of business and not as a consumer. The burden lies on Ken’s Motors Ltd. to show that Hussein purchased the car principally for commercial use as a taxi cab. Even if Hussein principally used the car for his personal use and incidentally used it in his business, he would still be regarded as a consumer. In R&B Customs Brokers v United Dominion Trust16 the court was concerned with the purchase of a car by a company which was in business as a freight forwarding agent. The car did not comply with the terms implied by the Sale of Goods Act 1979, section 14(2) and section 14(3). The vehicle was intended for use by the two directors of the company and it was the second or third such transaction by the...
10 Pages(2500 words)Essay

Commercial Law

...for, the property will remain with Micro-Maker under clause 6(c) of the contract. As such, Micro-Maker will have the right to enter the property and claim the microwaves. BIBLIOGRAPHY Anderson and Warner., (2006). A-Z Guide to Boilerplate and Commercial Clauses. 2nd Edition Tottel Publishing. P. S Atiyah (2005). Sale of Goods.11th Edition Longman. Blackstones Statutes on Contract, Tort and Restitution Chitty on Contracts (2007). 29th Edition Sweet & Maxwell. Davies (2005). Romalpa thirty years on – still an enigma? Hertfordshire Law Journal 4. Dignam (2004). Company Law and Human Rights. Tottel Publishing. John Macleod (2006). Consumer Sales Law. 2nd Edition...
8 Pages(2000 words)Essay

Commercial law

...COMMERCIAL LAW MANUFACTURER LIABILITY CONTENTS What are the relevant laws relating to manufacturer’s liability? 2 1. Common Law Liability 2 1.2. Statutory Liability: Trade Practices Act 1974 3 2. How do these provisions protect consumers? 7 2.1. Aim of the TPA and Enhanced Consumer Protection 7 2.2. Section 52 TPA: Misleading Conduct 8 3. The difficulties faced by manufacturers in light of these legal provisions 9 BIBLIOGRAPHY 10 Memo To: From: CC: Date: 26/08/2016 Re: Commercial Law – Manufacturer’s Liability This memorandum provides a detailed report on the laws relating to...
8 Pages(2000 words)Essay

Commercial law

...Exemption Clauses Yates has defined an exemption clause as “a clause in a contract or a term in a notice which appears to exclude or restrict a liability or a legal duty which would otherwise arise.”1 An exemption clause provides an option for a party entering into a contract to eschew a part of or in entirety, the legal obligations that may be due under the contractual terms. The other party, by signing such a contract, agrees not to hold the former liable if certain obligations that would normally be due under the contract are not performed. This report examines exemption clauses and whether the law that currently exists on exemption clauses is in need of reform. There are three specific kinds of exclusion clauses that...
8 Pages(2000 words)Essay

Commercial Law

...Commercial Law Commercial Law The relationship between parties in commercial contacts is governed by commercial laws of contracts. In a contract, there should be mutual obligations between the parties coming into an agreement. All the parties must keep the terms of agreements. These include sellers and buyers of goods, rights and services. This agreement is enacted by the law. Before making a contract, the features for the contract must be considered, for example, a minimum of two parties and lawful offers which are replied by an acceptance. The two parties must willingly express an...
6 Pages(1500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Commercial Law for FREE!

Contact Us