Business Contract between Wool Traders and Robert a Retailer of Clothes - Essay Example

? Business Law Relevant Case and Statute Law The relevant case in this study involves a business contract between Wool Traders and Robert a retailer of clothes. Robert placed two orders of sheepskin coats and hats from the Wool Traders organization. However, some issues occurred during that period that made Robert to wand to quit doing business with the wool traders. For instance, Robert`s clients compliant that the sheepskin coats had an awful smell while wet and that that they were not treated well before being sold (Damian 2007, p. 56). The second issue arises from Robert`s customer who claimed that Robert had neglected or had carelessly left a pin in the neck of the sheep skin coat that he had bought which resulted into Grant experiencing blood poisoning and thus was admitted in the hospital for a whole week interfering with his work for a month. Accordingly, the third case in this research involves wool traders and SnoDogs clothing. In this case, the two participants had an issue with the prices. For instance, SnoDogs Clothing claimed that wool traders had changed their prices on the delivery invoice about $360 more than the initial price shown at the time of the order. Relevant Legal Principles The case study has demonstrated some examples of legal principles and they encompass an intention to develop legal relations. This is usually so if the contract is a commercial one which will demand the court to take up this purpose. Like in this case, wool traders had the intention of establishing a legal relationship with Robert who was a retailer. Another principle involves consideration for the contract or contracts made by each party or the participants. This legal principles emphasizes that each partner should give or promise to offer something in return for the other`s responsibilities. For instance, in the case between the wool traders and its customers including Robert; wool traders made a contract with Robert to make for them sheepskin coats and hats, while Robert was to pay for their services and products offered. In the same way, SnoDogs clothing made an order from the wool traders for ski suits. In addition, consensus is another legal principle, which demonstrates that the participants must have arrived at definite contract (Ingeborg 2012, p. 90). This is frequently illustrated as offer and approval or acceptance. In this case, one party creates a proposal and the other consents it. For example, Wool Traders got an e-mailed order from SnoDogs Clothing for 36 ski suits. SnoDogs’ terms and conditions (attached to their e-mail) evidently state that “orders produce a lawful offer to buy at the price itemized by buyer at date of reception.” Wool traders send a message showing the acceptance of the order, and transcribed approval of the same. Both had a fresh duplicate of Wool Traders` terms and settings, therefore, SnoDogs took delivery of the goods. Thus, this is a good illustration that shows the legal principle of consent or consensus. Questions of fact that will need to be decided by a court, on which liability and damages may depend Damages refer to the reimbursement for harm or destruction instigated by the breach. In case breach of agreements results into loss or harm, the bruised or the affected party has, the right to take legal action for harms or damages (Stone 2005, p. 56). In case the breach is serious enough to an extent it goes back to the base of the agreement, the affected party may consider the agreement as efficiently gone or rejected by the other party and decline to be destined by it or reject to pay. In certain circumstances, the affected person may reject the bond and claim indemnities. Therefore, there are various questions of fact that will need to be decided by a court, on which liability and damages may depend. For instance, will the court consider Robert`s loss and grant him refund despite the fact that he was late to return the goods as stated from the wool trader`s terms and conditions; which says that in case the goods bought are disappointing, the client should provide a notification as soon as possible. However, failure to give a notification within three days of supply or transfer, the goods shall be viewed as definite evidence of gratification. Another relevant question involves why Robert left a pin in the neck of the sheepskin coats after selling it to Grant; that demonstrated negligence, which is a result of carelessness. Wool traders also will have to explain why he decided to change prices for commodities from the initial price shown at the time of the order (Monaghan 2013, p. 78). Accordingly, a liability does not rely on fault but on breach of terms; a case in point is when a supplier unknowingly purchases substandard paraphernalia. In this case, Grant bought sheepskin not knowing that there was a pin in the neck; Robert also ordered sheepskin coats from wool traders not knowing that they were not properly treated before being put up for sell. Therefore, these are some of the fact questions that the court will have to decide on which liability and damages depend concerning the cases in question. Legal Remedies Available and the Basis on Which Any Damages Will Be Awarded Some of the legal remedies included in this case study are offer and acceptance, and intention to establish or create a relationship. For instance, SnoDogs clothing offered an order of ski suits to wool traders who accepted and delivered that order later to SnoDogs clothing. In addition, wool traders had intended to develop a lawful relation with Robert in terms of business in order to enhance their business activities where one party is the provider or the manufacturer of the necessary goods required while the other acts as the retailer of the same goods (Hugh 2000, p. 219). In all these cases, damages will be rewarded especially on the party that was greatly affected. For instance, Robert will have to compensate Grant for having left a pin in the coat thus endangering his life. This was as a result of negligence, which should be avoided in business activities especially on items that will be used directly by the client. Accordingly, wool traders will have to reward Robert for having sold to him sheepskin coats that were poorly treated hence leading to awful smell while wet. As a company, wool traders have to consider hygiene in the process of producing its goods and selling to clients. The Legal Position of Robert With Regard To the Contract for Purchase of the Coats Robert had a legal right to claim back his money or to be refunded for the loss he encountered after the clients returned the coats and demanded to be refunded back because of the smell and poor treatment if the coats. This is because it was not his fault to sell the coats to customers the way there were. It was until when the customers started returning the coats to him that is when he realized it and called wool traders who refused to refund him completely claiming that Robert was late and thus the terms and conditions do not allow such misinterpretation. Robert with regard to the contract for purchase of the hats In this case, Robert also had the right to cancel his contract concerning the order he had placed in purchase of the hats. This is because of the loss he had encountered with the coats and thus he did not want to go through the same experience again. For instance, he had dealt with various complaints concerning the coats from the customers. Therefore, legally, Robert had a legal right to claim for compensation from the damages or loss he had with the coats from wool traders. In conclusion, this case study had the aim of providing information in various sections starting with the relevant case and statute law. In addition, it demonstrated various examples of legal principles including an intention to develop legal relations which is usually so if the contract is a commercial one which will demand the court to take up this purpose. In addition, it showed that consideration for the contract or contracts made by each party or the participants is another legal principle. This legal principles emphasizes that each partner should give or promise to offer something in return for the other`s responsibilities. The case study discussed various issues and even provided the position for Robert concerning the purchase of both the goods the sheepskin coats and the hats. Reference List Damian, T 2007, Contract Law Directions, Oxford: Oxford University Press. Hugh, G 2000, Principles of European Contract Law, Part 2, Boston, CA: Kluwer Law International. Ingeborg, S 2012, Global Sales and Contract Law, Oxford: Oxford University Press. Monaghan, N 2013, Beginning Contract Law, New York,NY: Routledge. Stone, R 2005, Contract Law, New York, NY: Cavendish. Read More