Breach of Condition essay
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The sellers tendered the documents of shipping to buyers who rejected because the certificate of quality showed 4.1% of foreign matters. No condition implied by section 14 was important. At the court, Slynn L.J. ruled against the buyer. Unfortunately, if UKD faced this court system, then they could have lost. Therefore, it is important for the UKD to look into the right jury to table their complaints17.
The case is not an easy one, particularly because of the enactment of Section 15 A; it provides a number of difficulties. Treitel explained Benjamin’s case as one where the tendered certificate was non-defective. A document is not defective because it quotes that goods have higher concentration of impurities than the contract allows for18.
The Seller’s Right to get paid
The seller can resell the goods but will have to pay freight to the carrier. He also could claim any damages incurred from UKD; however, the realization of this claim is doubtful considering the bankruptcy of UKD.
It is uncertain whether LDS can fulfil all its documentary duties under the new c. i. f and whether it has fulfilled its obligation on shipment; the latter depends on when the goods were damaged – before or after risk passed19.
Conclusion Variant I
The right to reject the goods will depend on the time that risk has passed. Depending on this either UKD or LDS will want to sue the carrier. However, if the insurer has to pay either to UKD or to LDS after the policy being assigned then Safe & Dry may sue the carrier under s 79 MIA 1906. No freight is due as the goods that have arrived are no longer merchantable20.
Conclusion Variant II
The seller can resell the goods, but will have to pay freight to the carrier. He also could claim any damages incurred from UKD; however, the realisation of this claim is doubtful considering the bankruptcy of UKD. It is uncertain whether LDS can fulfil all its documentary duties under the new cif and whether it has fulfilled its obligation on shipment; the latter depends on when the goods were damaged – before or after risk passed
UKD sues LDS
Jurisdiction is an area geographically that a court system exercises its powers. It also implies whether the court can preside over the matter. This depends on the litigation parties. If the case has no nexus with England, then the court declines to hear the case. The English court will hear foreign cases under the following conditions. The defendant should submit jurisdiction in the English courts. The court may decide later that the lex situs is forum non conveniens. A rule of law may permit a claimant to help the defendant away from jurisdiction. This happens within the European Union22.
The English court will hear foreign cases under the following conditions. The defendant should submit jurisdiction in the English courts. A rule of law may permit a claimant to help the defendant away from jurisdiction. This happens within the European Union. A contract is a legally binding agreement that is either deliberate or voluntary. It is usually between two or more competent parties. They are written, implied or oral. They generally apply to sale, employment, tenancy or lease23.
The relationship contains the offer, acceptance of the offer and a valid, legal consideration. Every party attains rights and duties relative to the ones of the other party. The contract may become void. Sale contracts must be in written form. There are contract terms linked to the sales of properties laid down by the European Union. They define the rights and duties of parties therein. They have a standard contract terms that are beneficial to consumers as well as in facilitating commercial transactions. The unfair contract terms bring in the idea of good faith. It prevents significant imbalances in the obligations and rights of consumers while safeguarding that of the sellers and suppliers. The directive is under review in the Review of the Consumer acquis24.
There are contract terms linked to the sales of properties laid down by the European Union. They define the rights and duties of parties therein. They have a standard contract terms that are beneficial to consumers as well as in facilitating commercial transactions.
The unfair contract terms brings in the idea of good faith. It prevents significant imbalances in the obligations and rights of consumers while safeguarding that of the sellers and suppliers. The directive is under review in the Review of the Consumer acquis25.
.Sellers of goods within the EU agree to the conformity of goods with a contract period of two years after goods delivery. Standards are available to help distinguish from the conformity and non-conformity. Consumers can ask for repairs, reduction in price, replacement or for a contract termination. This happens when goods are in non-conformity. The final seller in the chain of distribution holds the producer responsible for low quality goods. Consumers must inform their respective sellers or suppliers of any conformity within two months of discovery; a clear draft of commercial guarantee contains the consumers’ legal guarantees26.
Distance Selling is also another term in the sales contract. It is available in order to bring into level both the consumers who buy in shops and those that use the communication in their purchases. Distance communication include aspects like press adverts, telephone, catalogue sales and order forms. Others are mobile phone commerce, teleshopping and Internet. It applies to contracts where the supplier and the consumer have an organized distance-selling scheme. The contract is valid until the submission of all transactions27.
From the directive, there are consumers’ rights that need respect. There is the need for the provision of elaborate information before making purchases. The information may contain a long lasting medium that implies a written communication. There is also the right of withdrawal. This gives the consumer the authority to terminate the contract within seven days provided he returns the goods. Once a consumer cancels the contract, he has a right to refund within a period of thirty days from the day of cancelation. The performance of a service or delivery of goods is within thirty days after placing the order. The consumer enjoys protection from unsolicited selling and as well as from fraudulent use of credit cards.
There are some contracts not fitting for the provisions of this directive. The contracts for financial services and auction do not fit under this provision. Others are the provision of elaborate information before performing purchases. They include contracts of a specific date or within a specific period like concert tickets, hotel room bookings or travels. There are exemptions on withdrawal rights. It will only apply if both parties agree. They cover perishable goods and those made to the consumer’s specifications28.
There is the doorstep or direct selling directive. After serious consultations, the commission was in dire need to revise existing directives. There are special rules for protection for consumers who make contracts at their doorsteps, place of work, home or when in an excursion organized by certain traders for the consumers. Withdrawal period is seven days from time of signing the contract29.
Security oriented culture applied to the supply chain is, of course, good business in that it seeks to prevent supply chain assets from being the target of terrorism. It also prevents itself from facilitating terrorism through effective application of management procedures, policies and technologies. Supply chain protection does not stop at the point of securing facility through gates and locks, but extends further to protection of products and people. Therefore, it creates a continuous flow of information both internally and externally. It is as well a tool for preventing disruptions of supply chain operations30.
Due to the interconnectedness of companies, products and transportation infrastructure in the global supply chains, there is concern that the disruptions may go beyond the individual firm and, thus the need for broader supply chain defence. This helps in protecting the customers, the public and the brand equity. The benefits of extending security issues beyond the individual firm then could be as follows: First loss of short-term revenue that could have resulted from the customers’ delivery disruptions end when terrorism ends. Brand equity is protected and, thus, preventing the perception by customers that the security failure was result of neglect. Sale of equity investments is available when leading investors’ confidence increases.
It also prevents unnecessary regulatory scrutinizing and as well prevents legal liabilities. Security also prevents the dissolution of the supply chain. It leads to increased automated handling of imports by the company. The transit or otherwise the delivery time is also dropped drastically and this is coupled with the improvement of the shipment to the clients on time. The asset visibility in the supply chain improves tremendously since there is improved accessibility to the supply chain data by investing in supply chain security. Problems identification was fast. The company gains insurance premium reductions, improved inventory management and customers’ service31.
Examples of security competencies that are challenging to implement are as follows: The process technology deals with the use of information systems to track product movement and since many firms have not progressed beyond the implementation of physical security measures like gates they are still a milestone from attaining the new technologies due to the costs being involved. The next is the relationship and service providers’ management that creates a mutual existence among the companies. There is an increased global security difficulty as most target firms are often unable to monitor the activities of their partners; thus, protection becomes very impossible32.
This directive does not apply to some conditions. The sale of land is not fit for this provision. The supply of goods, food and drink that are for current consumption in households do not fall under this provision. The regular deliverymen supply these goods. Others are contracts on a trader’s catalogue, insurance contracts and contracts of securities. There are problems arising from the differences in the protection mechanism of the consumers. This is usually in respect to contracts away from premises of the business. This calls for updating current directives to curb such problems33. Price indications within the market are also another form of directive. It follows the communication commission on unit prices implementation. Traders indicate the price per unit measurement and the selling price of all its products and services. The main objective is to facilitate price comparison and to improve consumer information.
The information is easily identifiable, unambiguous and clearly legible. Should the advertising mention the price, then it must show the unit price for products sold in bulk. On the contrary, for some itinerant traders and some small retail businesses this requirement may be a burden to them34.