商务契约关系.docx

1、School of Overseas Education, Sichuan University Higher National DiplomaBusiness Contractual Relationship(F84N34)Outcome 1Original Work StatementI hereby certify that my paper is an original work that has not been published elsewhere and does not contain any copyrighted material which is reproduced

2、without permission of the original owner.Signature: 8Table of content1. Introduction.22. Contract of sale.23. Reject goods and Return it.34.a The mistake of the sales assistant.44.b The shops error.45.a Consumer Credit Act.55.b Joint liability.56. The damage protection.67. Conclusion.78. Reference.8

3、1. IntroductionThis report analyses the case and customer can protect his legal rights according to law.2. Contract of saleWe can defined sale that “a contract in which the seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price.”(SQA, 20

4、14)A contract of sale include sale and agreement to sell.“Where the seller can transfer the good immediately, and is willing and able to do so, there is a sale.”“ where there is some sort of condition that must be fulfilled or some act has to be carried out before the sale can take place,there is a

5、agreement to sell.”(SQA, 2014)The Validity Factors of contract of sale:(!)A minority of contracts have to be made in a particular forms. (2)Contract made not by duress or by mistake.(3) Some persons only have limited capacity to enter into contract.(4) Contract must be completed and precise in its t

6、erms.(5) Must not be illegal, immoral or contrary to public policy.(SQA,2013)In the case,the original price of the laptop is 599.99.But John speak with a sale in the store, he agree to reduce reduce 100. So John spent 499.99 to buy a laptop from Mega Tech Electronics. Then, John obtained the ownersh

7、ip of the laptop. So John put forward a offer to the store, then the store to accept the offer. They reached a consensus. John and the store entered into a “contract of sale”.3. Reject goods and Return itYes, John can reject the laptop and return it to the shop.First , Johns laptop is in a black cas

8、ing,but he told the assistant he want to get a white model. This violated the section 11 of Consumer Rights Act 2015 . Every contract to supply goods by description is to be treated as including a term that the goods will match the description.(The National Archives, 2015) Second, Johns laptop has a

9、 large scratch on the screen, and his laptop missing keys on the keyboard. This is a quality problem. John can reject the laptop and return it to the shop, according to the section 9 in Consumer Rights Act 2015. Every contract to supply goods is to be treated as including a term that the quality of

10、the goods is satisfactory.(The National Archives, 2015)In the case of Roberts & Co v Yule(1896), machinery merchants described his four-gas-engine need 47 10s to spent on working order .But the purchasers found that it is 55 10s . The count held that the buyers were entitled to reject the engine.(SQ

11、A, 2014). This case can support John reject the laptop and return it to the shop.4.a The mistake of the sales assistantNo, the sales assistant made a mistake.The normal rules would apply to sale goods and if the goods are of a reasonable quality etc, consumer know the goods situation or the seller w

12、ouldbe entitled to the refuse of the purchase price because the buyer had simply changed his or her mind. (SQA, 2014)In the case, sale assistant did not told John about the laptop problems before he buy the laptop. John did not know this laptop has some problem. This violated the section 14 of Consu

13、mer Rights Act 2015 (The National Archives, 2015).So the shop should refund john or replace the laptop for him.4.b The shops errorThe section 20 of the Unfair Contract Terms Act 1977, covers attempts to exclude or restrict liability in relation to implied terms in CRA 2015. Those clauses are void in

14、 a consumer contract. (SQA, 2014)In the case, john bought a laptop in the shop.There is a consumer contract between John and the shop. If the shop rely on the sign about not giving refunds or replacements, the shop violate the Unfair Contract Terms Act 1977. So they can not do that.5.a Consumer Cred

15、it ActYes, John can be protected through joint liability , according to Consumer Credit Act 1974 .In the case, because John used a credit card when he bought the laptop. So John, the shop and the credit card company respectively become a debtor, supplier and creditor. This is a debtor-creditor-supplier agreement.Debtor-creditor-supplier agreement: Where the creditor is also the supplier of the goods. In these agreements where goods or services cost more than 100or less than 30000 the debtor can hold the creditor jointly and seve