LAW6015-B Commercial Law Q&A

LAW6015-B Commercial Law

Introduction-LAW6015-B Commercial Law

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Q1.

Law

This was introduced for the purpose of identification of liability in the case of negligence in some cases this may be claimed as a common law will a person can succeed for the purpose of claiming the defective products which are given to them. Here it is taken into account the consumer protection act imposes strict liability on the manufacturers of defective products the harm caused by those products are required to be considered for the purpose of identification of the law of Islam this is identified by the defective product can see for the compensation without having to prove the manufacturing defect that was there in the form of manufacturing. Therefore it is identified that it is really necessary to prove that the product was considered to be defective and that an injury are a damage that was most likely caused due to the product (Atikah, 2020).

This is identified under the consumer protection act and applies to all consumer products offered under which are used at a place of work. These are considered to be the inclusion of the product which I used at a place of work which extends to the various factors related to the seal of the product. This includes the different aspects with which the business can be considered rather than just seems to the consumer. Here it is taken into account that in such cases products are used in the place of the work. Therefore likely that a requirement to be brought the consumer protection had by any person who is injured by the defective product are considered to be the person who purchased the product. The consumer liability is being brought for that injury and damage to a private company or a property in excess of Euro 275. However, it is taken into consideration that no claim may be brought for damage to the business property or pure economic loss they shall be provided in the manner which cannot be made for the loss or damage to the defective product. In the other circumstances this stations which are imposed are required to be considered on no financial limit on the producer’s total liability (Borgogno and Colangelo, 2020).

It is identified that a product can include good or service have a nice intercity component or any part of any product. A component of the raw material incorporated into the finished product is defective both the manufacturer and the component and manufacture of the finished product are considered to be liable for the purpose of defective goods (Green, et. al., 2020). It is taken into account that a product is defective for the purpose of the consumer protection act if its safety includes the risk of personal injury but also includes the risk that is related to the damage to the property. In this case, a product will not generally be considered defective just because a safer version is in a tape put on the market. Therefore in assessing the safety of the product the court will identify the different factors that are related to identifying the aspect of the marketing of the product using any mark in relation of the product instructions and warnings that are written on the product this will also include factors where it is expected the product to be supplied at the time of the product which was supplied. Therefore the court would understand these factors for the purpose of identification of any problems related to the product (Guinchard, 2021).

Therefore the defences that can be claimed under the consumer protection act includes the following;

• The product is defective in the order in it does not comply with the European law
• That the party to the claim is being made against and did not supply the product 
• that the product was not manufactured are supplied in the course of the business
• Branded affected did not exist and the time where the product was put into the circulation

And it was identified that the party being secured because that manufacture the component with the defect is a defect within the finished product and came about because of the weather best product for design as the instructions given by the manufacturer of the finished product

a) Advice to Vera on her rights against Zedex under the consumer protection act 1987.

Therefore it is identified that vera is considered. to be having rights against ZedeX under part 1 of a protection act where the right to safety and right to be informed is one of the most important rights which is available to vera. On the other hand, it is identified that the right to redress and the right to be heard is another right that is available in this case as the damage that has been caused to Veera, in this case, is of problem that has been caused to Veera due to this (Izaguirre, 2020).

On the other hand, there are various basic defences that is available if the claim is made by Veera which includes,

• That the product is considered to be formed in order to compare the domestic or European law.
• Here ZedeX can show that the party the claim is being made against is not and was not supplying the product.

b) Advice on the proceeding that is related to parent company

This is identified as the consumer protection right problem while we are business as a product to the consumer then the content of skill is considered to include the term where the producer of the product is considered to be liable for any difference. In the case, the producer has been manufacturing the finished product or the person who has a component of the finished product or is considered to be any person who is responsible for industrial law and the process which is essential for the purpose of identifying the product and making an attribute table. It is also identified that the liability may also be imposed on the people who are selling the product by purchasing through the manufacturers. Therefore with the use of the product liability in this very much important to identify the person who is considered to be liable for the same. It is also taken into account that there may be more than one party who is considered to be liable under the consumer protection act in respect of the same. Here it is identified that liability is considered to be joint or several. Therefore this is to identify that the liability cannot be excluded or cannot be considered to be limited

c) Advice on the legal position related to the demand for the payment for all the 6 cars

In the current case, it is identified that ZedeX is considered to be having a legal position regarding City cars demand for the payment, where this is taken into account that City cars were considered to be having the position of all the cars when the work on the cars were completed and were in the possession of the City cars. Therefore it is identified that they are having a duty to take care of all the cars until the possession has been transferred to zedex. Therefore, taking into account, the City cars are liable for the damages to the cars that have been caused and ZedeX are not considered to be liable.

On the other hand, it is identified that ZedeX agreed to bring old cars in on October 12th and asked City cars to provide and deliver all the colours seventh they would be completed with the old cars. Therefore this is taken into account that for the three cars which have been completed earlier from these cars ZedeX would be considered to be and liable to pay as the duty of City cars were completed to provide the cars on time to them.

 

Q2.

Advice to Gerry whether he has committed any offence related to trading standards and possible defences under the regulation.

The consumer's protection from unfair practices safeguards the consumers from any misleading and deceitful trading, transaction, aggressive sales tactics. There are some regulations regarding consumer protection and these are regulated by competition and markets authority. Some rights are provided to the consumers under the consumer protection act and for the protection of these rights, this act is formed. It regulates trade practices and safeguards the consumers. Under this, any complaint regarding unfair trade practice, deceitful transactions, misleading information can be lodged to the district collector, regional officer, and central authority. According to UK law, some statutory rights are provided to the consumers after the completion of sale rights as return faulty goods that are bought online and from the store, claiming a full refund in the specified period. There is an authority that regulates unfair trade practices named as Federal Trade Commission. Some trade practices can be called unfair or misleading trade practices as false representation, false offer for any bargain price, gifts offer prize schemes, and hoarding. The officer of fair trading is responsible for the protection of fair trading. This act makes many impacts on businesses in the UK which are selling goods and producing the things as they are liable for any defective and damaged goods. Some rights are specifically provided to the consumers as access to basic, essential goods and services as sufficient food, clothing, shelter, healthcare, education, public utilities, water, and sanitation (OLUJOBI and OLUJOBI, 2020).

Under this act, Mrs. Patel is the lady who contracted with Gerry for the re roofing of his house at a fixed cost and this cost is charged for the several visits made by Gerry in one week. After the assent of Mrs. Patel for re roofing he visited much time and at the first visit, he suggested to the lady for the changing of the roof as it was in danger and need to be changed immediately otherwise there can be any mishappening. Mrs. Patel was also consented to the re roofing and suggested she contract with him despite local authority because they will charge double for this work. It was also noticed that the roof was perfect and there is only a need to change five tiles but he does not require to inform the local authority about this. After this, he also mentioned some extra costs to the lady that is not clearly stated in the contract before. He stated that there will be some extra charges and annual fees, the roof space was damp, and for repairing that he would install a special machine for the dehumidifier. But after the installation of that machine, there was overheated and fired that makes Mrs. Patel so distress, along with this there was nothing mentioned about this machine in the contract (Uma, et. al., 2020).

There are penalty clauses that are enforceable by law along this court is also has some powers to reduce it. According to contract law, a valid contract consists of a promise regarding any commitment that is made by one party and accepted by another. This promise is legally binding on parties it involves as an offer, acceptance, consideration, and intention for the legal relationship with it. Contractual penalties states as some penalty in the form of money that has to be paid by the person who breach the contract. According to the loss in the conducted transaction. Penalty clauses are generally unenforceable under UK law. but the penalty may be imposed in an extensive monetary form that can be a levy on the person who causes harm. In this abovementioned case, the wrong was done by Gerry with Mrs. Patel as he did not mention the things properly in the contract and misleading information given by him to her. He did not talk about the actual condition of the roof that was good and made a false statement that the roof was in danger and need to change immediately. After this installation of that machine is not mentioned anywhere in the contract and that was done by him and caused to fire. This will make distress to Mrs. Patel.

There are many remedies in law for the breach of contract as damages, remoteness of losses, a measure of damages, mitigation, advance payments, injunction, and many others. Under this case the contract was valid between both the parties and remedies can be made by Mrs. Patel for her money losses, phycological distress, others. Mrs. Patel can claim for her losses and institute the suit in the court and ask for some remedies as:

• She can claim her contractual fees that were taken by Gerry after making some false information regarding his work (Wilson, and Uyo, 2021).
• She can claim her additional fees, charges that were paid by her to Gerry, and these charges were not mentioned in the contract.
• She can claim the psychological loss as she got distressed due to being set out of fire cause of the machine installed by Gerry without any prior information. Along with this, she can claim for the damages made to her house due to all these happenings in her house she has to repair that.

Defense by Gerry:

In addition to this, Gerry can defend himself as he stated about the charges that charges were genuine due to additional work that needed to be done on an urgent basis. He informed about his charges as compared with the double charges of the local authority and Mrs. Patel agreed to pay that.

He can defend himself as stated that Mrs. Patel was accepted the contract and signed it before asking about any additional charges and anything. So, it was genuine that additional or more pay for the extra work.

He can state that he checked the roof and according to him it was needed to be changed.

Gerry can make contention as the machine was properly examined and checked by him before the installation but there was some technical or manufacturing defect due to that there was set out the fire. So, for this contingent happening, he will not be responsible and to pay any compensation amount.

According to this case, the actual losses occurred to Mrs. Patel and she is right with her damages and remedies, these abovementioned remedies should be provided to her according to her loss. As misleading to any other person and not mentioning the things or information clearly in the contract is also an offense under contractual law for these penalties should be decided by the court. Some penalties should also be imposed on Gerry regarding his wrongful or deceitful acts. The main objective of the consumer protection act is to protect the rights of the consumer from the wrongful or deceitful actions of the contractor or seller. Under this Mrs. Patel contracted with Gerry for some work that is needed to be done in her house and she agreed to pay some decided amount to Gerry as the contractor and a valid contract was signed between both of them

References

Atikah, I., 2020. Consumer Protection And Fintech Companies In Indonesia: Innovations And Challenges Of The Financial Services Authority. Jurnal Hukum dan Peradilan, 9(1), pp.132-153.

Borgogno, O. and Colangelo, G., 2020. Consumer inertia and competition-sensitive data governance: the case of Open Banking. a revised version is forthcoming in Journal of European Consumer and Market Law.

da Silva, M.V.V., da Luz Scherf, E. and da Silva, J.E., 2020. The right to data protection versus “security”: Contradictions of the rights-discourse in the brazilian general personal data protection act (lgpd). Revista Direitos Culturais (Cultural Rights Review), 15(36).

Green, J., Coulthard, E., Norrey, J., Megson, D. and D’Cruze, N., 2020. Risky business: Live non-CITES wildlife UK imports and the potential for infectious diseases. Animals, 10(9), p.1632.

Guinchard, A., 2021. Our digital footprint under Covid-19: should we fear the UK digital contact tracing app?. International Review of Law, Computers & Technology, 35(1), pp.84-97.

Izaguirre, J.C., 2020. Making consumer protection regulation more customer-centric. Working Paper. Washington, DC: CGAP.

OLUJOBI, O.J. and OLUJOBI, O.M., 2020. Comparative appraisal of anti-corruption laws: lessons Nigeria can learn from norway, United Kingdom and United States’ anti-corruption strategies. International Journal of Management (IJM), 11(2), p.1.

Uma, P.K., Ramani, P. and Sherlin, H.J., 2020. Knowledge about Legal Aspects of Medical Negligence in India among Dentists–A Questionnaire Survey. Medico Legal Update, 20(1), pp.111-115.

Wilson, N.U. and Uyo, A.A.J., 2021. Consumerism and the Administration of Consumer Protection Law: Nigeria in Perspective. Journal of International Relations Security and Economic Studies, 1(3), pp.9-33.