Table of Content
Task 1…………………………………………………………………………………..Page No.2
Task 2…………………………………………………………………………………..Page No.3
Task 3……………………………………….…………………………………………..Page No.4
Task 4…………………………………………………………………………………..Page No.5
References……………………………………………………………………………..Page No.6
Task 1
JFL is in the business of making fertilizers. These fertilizers are used for agriculture purpose. It has made certain sale to certain customers who have refused to pay for the goods supplied to them
- Shelled widget nuts were sold under three separate consignments to Green which Nurseries Ltd. the sale was made in three separate lots and each lot was contaminated with widget shell. When widget shell gets contaminated than the quality of the fertilizers deteriorate. As per part II section 6 of sale of goods Act in case if goods have perished or the quality is very bad then the contract stands void. The buyer needs to establish the fact that the quality was such at the time of sale. (Sale of Goods Act, 1979)
In our case Lot 1 and Lot 2 will not get rejected as they are contaminated but with very less percentage but the Lot3 will get rejected as it has 73% contamination.
- Here the when Rose Hill Rose Center used the copra cake on the roses all of them died. This question can be answered in both ways. First it was the duty of the seller to inform the buyer regarding the usability of the product. Al least it should have quoted the uses and non-uses over the product cover. So in such case as per Sale of Goods Act, the seller has to compensate the buyer for such loss. On the other side it was the responsibility of the buyer to get full information for the product it has purchased and use it as per the prescription. So in the other case the seller will not be required to compensate for the loss. (Sale of Goods Act, 1979)
Task 2
Angela purchased under installment payment system from Credit Finance Ltd three things. One was a television which was for 785 but she paid till date only 270, the other was a video recorder which was of 690 and she paid only 240 till date and the last one was second hand moped which was of 300 and she paid till date 90.
She failed to honor the coming installment. As per Sale of Goods Act, in case if the buyer is unable to pay price at the time when it becomes due then the seller has a right to repossess the goods after waiting for a stipulated period. So in our case Credit Finance Ltd can reposes all three goods sold to Angela under installment payment system.
- Regarding the time at which the company can enter the flat is during the day time and not at the night time.
- Here she paid 20 to clerk of Credit Finance Ltd. here in case if the clerk has no authority to collect the amount and such was within the knowledge of Angela then she can sue the clerk but she has to make separate payment to the company. Clerk working with the company has a right to get money due from the customers of the company in which it works. In such case the company can demand from the clerk
- No, she cannot now park the moped. It will be repossessed by the company
Task 3
Best chocolate Ltd and Sweet Candy Ltd are the major importers of Cocoa which is the major input to the chocolate making process. Best Ltd import 80% of the total import. The company has made a subsidiary company and allotted the distribution to it. It has made a strategic decision that it will supply cocoa to only those industries which use it for producing for purposes other than chocolate.
This is a case where the company Best Ltd is trying to create a situation that will lead to monopoly of its possession. It has entered into restrictive trade practice agreement wherein the dealer were not allowed to use the cocoa to produce chocolate. Such agreement and rule made by the company is void ab initio. The answer is made as per Competition Commission Act 1998. (Legislation.gov.uk, 1998)
Task 4
- i. Trademarks: The Company can register trademark for the company itself or for the product it sell. The company should be careful regarding it does not copy the trademark that already exists. The name should not be similar. The company can take permission from those already registered and then can make its own trademark
ii. Copyrights and design rights: Such right can be used for a particular number of years after which it expires. If the design of the company is innovative that it never existed in the market than it can get it process or idea patented or its new design patented. The right is also limited to particular number of years after which it expires
iii. Domain names : The domain name should also be such that it does not match with the domain name of other existing companies.
- The company Virtualretial can take legal action on TopClothes for copying their idea for the e commerce facility. It can sue the company and demand compensation for breach of infringement rights
References
Sale of Goods Act 1979, 2008, “Agreement of sections”, viewed on 11th January 2015, available at http://www.legislation.gov.uk/ukpga/1979/54/pdfs/ukpga_19790054_en.pdf
Legislation.gov.uk, 1998, Competition Act 1998, ”, viewed on 11th January 2015, available at http://www.legislation.gov.uk/ukpga/1998/41/contents
