Ask Business Law & Ethics Expert

Fitness for Purpose - Sales of Goods

However that goods such are bought for a particular purpose that are reasonably fit about that purpose:(S.16 (a))like Whether this condition is implied only if: like;

  • The specific purpose was made known with the seller, expressly or through implication. Therefore this is illustrate by: like;

 

Baldry v Marshall (36) like in the purpose was expressly made just known to that seller.

Priest v Last (37) in the purpose was deemed for have been impliedly made just known to seller there.

  • The goods are of a explanation where it is in the course of the like seller's business for supply there.
  • However this provision limits liability about manufacturers, like to wholesalers, like to retailers and to dealers. Further private sales of second-hand goods such are presumably excluded from operation so.
  • The buyer relied at the seller's skill or judgement. Further the reliance will normally be assumed, and is standing on the fact like such selling the goods is that the seller's profession or his business.

Since Section 16 (a) contains the words like "whereas he be the manufacturer or not" like the case of as Frost v Aylesbury Dairy Company (38) whereas shows such the liability which it imposes is never restricted to manufactured goods then and may, should in appropriate cases, apply just to non-manufactured goods like well. Perhaps that is presumably so then the words are put in such brackets.

Exception

Therefore the seller would not be liable whether he proves such the goods were sold below a patent or other trade name like such was explained in as Bristol Tramway Company Limited v Fiat Motors (39) like so and such the buyer did not rely at his skill and judgement, such  explained in like Baldry v Marshall (36) also.

Business Law & Ethics, Finance

  • Category:- Business Law & Ethics
  • Reference No.:- M9520254

Have any Question?


Related Questions in Business Law & Ethics

Assignment -purpose - this significant task requires

Assignment - Purpose - This significant task requires forward planning and adequate time for research, reading and reflecting. The purpose of the assignment is to enable you to achieve outcomes in knowledge, skill and ap ...

Group report1 this group assignment consists of 2 parts

GROUP REPORT 1. This group assignment consists of 2 parts. Part A is a case study on contract law, and Part B is a question involving Corporations Law. Both questions must be answered. 2. The total word limit for the gro ...

Managing the legal environment assignment - research

MANAGING THE LEGAL ENVIRONMENT ASSIGNMENT - RESEARCH PROJECT Company: Nike (a) Summarise in about 250-500 words the characteristics/features of the organisation (you can choose a statutory/government body or select a bus ...

Corporations law - assignment questions -objectives -

CORPORATIONS LAW - ASSIGNMENT QUESTIONS - Objectives - Answer the following questions with reference to the relevant statute law and general common law principles operating in Australia concerning the consequences of the ...

Business law assignment question -mabo has been said to a

BUSINESS LAW ASSIGNMENT QUESTION - Mabo has been said to a cornerstone of the Australian legal system. Your response must discuss the following: 1. Discussion of the Mabo (No 2) case. 2. Explain the impacts of the case o ...

Assignment - advanced financial accounting1 classification

Assignment - Advanced Financial Accounting 1. 'Classification of liabilities is based on the same principles as the classification of assets.' Do you agree with this? Why or why not? 2. 'Classification of liabilities as ...

Property law for business assignment question -mrs betty

PROPERTY LAW FOR BUSINESS ASSIGNMENT QUESTION - Mrs Betty Joyce lives in an old, war-time vintage army shed in Baldivis. When she started to live in the shed, in the early 1960s, the whole area was a remote backwater. Si ...

Compare and contrast tort law and criminal law explain the

Compare and contrast tort law and criminal law. Explain the purpose of the law of torts in contract to the purposes of criminal law. Why are they different? Support your answer using specific examples from the textbook.

Assessment taskassignment questiondiscussi the main ways

Assessment Task Assignment question: Discuss: i. the main ways that a company may source finance; and ii. the benefits and costs associated with the main sources of corporate finance. Guidance - Students are to read text ...

Australian commercial and corporations law assignment -this

Australian Commercial and Corporations Law Assignment - This assignment deals with critical problem solving skills. This assessment tests course objectives addressing: Knowledge of relevant law, Application of the law to ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

Why might a bank avoid the use of interest rate swaps even

Why might a bank avoid the use of interest rate swaps, even when the institution is exposed to significant interest rate

Describe the difference between zero coupon bonds and

Describe the difference between zero coupon bonds and coupon bonds. Under what conditions will a coupon bond sell at a p

Compute the present value of an annuity of 880 per year

Compute the present value of an annuity of $ 880 per year for 16 years, given a discount rate of 6 percent per annum. As

Compute the present value of an 1150 payment made in ten

Compute the present value of an $1,150 payment made in ten years when the discount rate is 12 percent. (Do not round int

Compute the present value of an annuity of 699 per year

Compute the present value of an annuity of $ 699 per year for 19 years, given a discount rate of 6 percent per annum. As