Commercial Essay Example | Topics and Well Written Essays - 1750 words

Commercial - Essay ExampleAccording to Sale of Goods Act 1979, down the stairs Section 18, if the hire is unconditional the property in the goods passes to the buyer when the contract is made immaterial of the metre of pay or delivery. Kevin has given his assent for unconditional appropriation of the aquarium to the contract. As part of the deal, Jackie hold to dismantle the aquarium, piece of land it for transit and arrange for it to be sent to Kevins premises. Under Section 32 (1) of the Act, if the seller is required to send the goods, delivery of goods to a career whether named by the buyer or not for transmission to the buyer is deemed to be delivery in performance of the contract, unless there is evidence to the contrary. However this is way out to Section 32 (2) which stipulates unless otherwise authorized by the buyer, the seller must make such contract with the carrier on behalf of the buyer as whitethorn be reasonable, having regard to the nature of the goods and th e other percentage of the case. It is not clearly stated whether the aquarium has been insured. If the consignment has been insured Kevin can claim compensation from the insurance policy company. If Jackie has failed to insure the aquarium as a prudent buyer would have done, then the buyer may decline to treat the delivery to carrier as a delivery to him, or hold Jackie trusty in damages under the normal circumstances. However, the statement As part of the deal, Jackie agreed to dismantle the aquarium, package it for transit and arrange for it to be sent to Kevins premises by the end of the week indicates that Jackie has complied with the book of instructions of Kevin and done as he has been authorised. Advice Jackie has made delivery according to the contractual terms. He cannot he held obligated in damages or loss. 2. Sale of canary feed to Leah Facts of the case On Thursday aurora Leah placed an order for 75 bags of canary feed for despatch on Monday. The order was accepte d and the payment to be made within 10 days of despatch. On Thursday evening, Jackie discovered that some of her stockpile records were incorrect and that there were in fact just 25 bags of canary feed. Jackie has now contacted Leah to cancel the contract. psychoanalysis The contract was based on valid offer, acceptance and consideration. The agreement was legally binding as there were intentions on the part of Jackie and Leah to create legal relations. The offer cannot be considered invitation to treat. Therefore, Jackie has the duty to deliver canary feed. Otherwise, she is liable for action in damages for non delivery under section 51.