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Q1. Analyse and advice Mr. John on the legal rules on implied terms related to the sale of goods and supply of services

In present scenario, it is necessary that any of the buyer and seller must not perform any of the work where they have the intention to generate personal benefits. For the purpose of maintaining and developing the environment where fraud will not be done, Consumer Right has been introduced.

Consumer Right Act 2015 is defined as the Act which has been introduced by Parliament House of UK. The main purpose of this respective law is to give certain new rights and remedies to the customers. In any of the circumstances, it is the law which will not allow to create problem for buyer or seller. This law is has been divided into three different parts and they are Part 1: Related with consumer contract for the goods, digital content & services as well. In Part 2: Concern with unfair terms and finally Part 3 is linked with other miscellaneous provisions (Rodger, 2015).

Part one explains that in any of the situation, it will be necessary that any of the goods must be of satisfactory quality which can be used by customers to meet out the requirements. In any of the circumstances, the digital content explains that there is no right given for the purpose of rejection of digital content. But, it is said that remedies are included which will explain about the right to repair or even replace. Also, right for the price reduction or even right for the refund. In case of service, the law says that any of the seller or buyer must perform their part of work with reasonable cares as well as skill which must be done according to specific time period. Second part simply explains that in any of the circumstances it will be the responsibility of both buyer and seller that they will not perform any of the unfair trade activity can create issues in future period of time. It becomes crucial that in any of the situation contract should be based on good faith and work must be performed as per the laws and obligations.

As per the given case scenario, it was found that the TV which has been purchased by Mr. John just worked for the three weeks which is quite not fair with John (Gabriel and Lang, 2015). When he went back to Department Store they replied that contract has been signed in which it is clearly mentioned that once the delivery will be accepted by buyer then there will not be any of the responsibility of seller. According to the consumer act, it says that whenever any of the product are being sold to purchaser it becomes the necessity for seller to provide all of the necessary information regarding the terms and condition which are included within the product.

Here, in this respective case, the initial goods are being sold by the company which has manufactured the TV. Whereas the services are being given by the departmental store. The duty of departmental store is available till the time they handover the product to purchaser. In sort, the services in this case study is being provided by the departmental store whereas seller of the product is TV manufacturing organisation.

Looking at the scenario of the question, it was clearly mentioned that the 42'' inch TV is of high quality which will be durable and even it is good value for the money. But, once the product was received by John it was found that TV didn't work even after three week which is a kind of fraud or misrepresentation with John. As per the Consumers Act 2015, it becomes mandatory that product should be of similar quality which has been discussed at the time of purchasing the product (Agarwal and et. al., 2015). If in any of the condition it will not be of similar quality then legal action can be taken against the seller for the purpose of recovering the damages. Get Assignment Examples.Talk to our Experts!

Q2. Analyse and advice Mr. John on the statutory provisions on the transfer of property and possession

In this, it will be necessary to deal about possession of property in context with the situation of Mr. John. So possession of property means where a right over the property is transferred to another person these right can be physical, effective or manual. In a general sense it can be said that possession is to receive rents and profits or full control over property. The property can be transferred in the form of mortgage, lease, sales of movable property and gift.

This is applicable to this case in a way that Mr. John is the buyer and Miss Sarah is the seller, so the transfer of possession has taken place for television set. Mr John can file a case under 'postponed or suspend ' in the court to challenge the seller. In this the court can postponed the possession only on discretionary grounds this can be suspended over a condition that meet in future on the tendency of the contract (Barnes, 2015). This is applicable in the given case because Mr John wants to sue the departmental store.

It will be necessary for Mr. John to understand that departmental store has the duty to just deliver the services where all of the other rights are still available with the manufacturer of the Television and the purchaser. In this case, the final possession of the TV is with Mr. John and as TV was not working just because of flash and puffs of smokes which came out of it.

Q3. Evaluate the statutory provisions on buyer's and seller's remedies in sale of goods contracts

There are certain rights that both seller and buyer has to follow in order to play their part at the time of entering into the contract with any of the party and they are :

Right of Buyers

There are various rights of the buyer that he needs to follow and they are to deliver the goods, rejecting the goods if they are not up to the mark as given in contract (What remedies are available to buyers in a contract for the sale of goods, 2018). To inform the seller when the good is being sent through sea and also to examine the good when the weather condition is not fit and to sue the seller in case of recovery of price, for specific performance and damage for breach of a warranty or a condition.

Rights of Seller

Certain rights are being mentioned for Seller and are required to be followed by him they are to dispose the good until the fulfilment of condition and an assumption should be made that goods have been accepted by buyer. The delivery of goods should be done only when applied and to make the delivery in instalment when agreed upon a contract (Turow, Hennessy and Draper, 2015). The goods can also be resale under certain circumstances and the possession of goods can be retained until the payment is done. To keep the good until it has been passed to buyer. The buyer can be sued if the property of goods has been passed or when the payment has to be done on a certain day and has not been done.

Remedies Available for Buyer and seller.

As the above mentioned rights of the buyer and seller explains that when both of them can sue each-other so the remedies that are given are suit can be filed for the anticipatory breach of contract and interest should be seen in the form of damages and special damages (Gbadamosi and et. al., 2017). They are applicable in the question give and are appropriate to it because here the contract has taken place between the Mr John and Miss Sarah. Here, Mr. John will get the right to sue the company for not meeting out the terms and condition because if in any of the circumstances it would have been done then Mr. John would have to not suffer for the TV which he had purchased.

Here, if in any of the circumstances this sort of activity is found then it becomes the necessity for the seller to replace the product which they had sold to purchaser. It is because criteria must be meet with the benefits included at the time of selling the product. Ask for Academic Writing Service from our experts!

Q4. Apply product liability statutory provisions for faulty goods

The product liability for the statutory provision for the fault goods simply explains that if the product which has been sold by the seller is not as per the quality which has been mentioned then in that respective situation it will be their liability to gives damages. It becomes mandatory for the seller to ensure that quality will be similar of the product which are being sold. In the similar situation, the given case explains that the quality of the TV did not match with the product which has been delivered to Mr. John. By looking at the situation, there is no default of Mr. John for the spark coming out of the TV so if case will be filed in this respective case Mr. John will succeed.

The main thing which is needed to be focused by Mr. John is that at the time of sue, they must sue the company which has manufactured the company because they were the one who didn't perform their work as per the given specification (Vitell, 2015). Filing the case against departmental store will not allow Mr. John to recover the damage amount from which he has to suffer.

In short, consumer act simply explains that Mr. John is innocent in this respective case and it becomes the liability of the television manufacturer company to compensate the innocent party who has involved in the contract.Order assignment help from our experts!

CONCLUSION

After having the detail analysis on the file, it can be concluded that in any of the situation it becomes important to understand that any of the legal terms and related to buy and sell of product should be based on Consumer Act 2015. This law simply allows to ensure that in any of the circumstance buyer as well as seller will not be able to cheat with each other for personal benefit as it is against the law and ethics. If good which has been purchased is not as per the specific quality then option to take legal action occurs for claimant where damages are needed to be pay off by defaulter party.

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