商务契约关系

School of Overseas Education, Sichuan University

Higher National Diploma Business Contractual

Relationship

(F84N34)

Outcome 1

Original Work Statement

I 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 without permission of the original owner.

Signature: ____________________

Table of content

1.Introduction (2)

2. Contract of sale (2)

3.Reject goods and Return it (3)

4.a The mistake of the sales assistant (4)

4.b The shop’s error (4)

5.a Consumer Credit Act (5)

5.b Joint liability (5)

6.The damage protection (6)

7.Conclusion (7)

8. Reference (8)

1. Introduction

This report analyses the case and customer can protect his legal rights according to law..

2. Contract of sale

We 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, 2014)

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 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 terms.

(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 ownership 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 it

Yes, John can reject the laptop and return it to the shop.

First , John’s laptop is in a black casing,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, John’s laptop has a 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 the goods is satisfactory.(The National Archives, 2015)