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Lisa agrees and they sign a written contract on these terms.

i) Explain by reference to the appropriate sections in the Sale of Goods Act 1908 why this is a contract of sale of goods.

ii) Explain by reference to the appropriate sections in the Act who owns the shed when Lisa gets the window fixed the following Monday.  Paul does not yet know this has been done. 

iii) Lisa rang Paul on the day before he was due to pick up the shed

Contracts of sale of goods

A.

The very sole objective for the Sale of Goods Act, 1908 is to keep track, monitor the monetary transaction which initiates the sale process regarding the commodity. It states that the one who sells the product has assurance regarding the quality. The assurance concerning the commodity in respect of what is being sold and laws concerning such. It brings out the policy, regulations, and duties which are imposed upon the sellers and on the buyers of the goods.

B.
  1. Within this scenario, the contract regarding in respect of the sale of the shed that formulates between two parties such as Lisa and Paul outlaid as a written format.
  2. 2 of this Act, depicts a contract of sale as an agreement for the transaction of the good.
  • Before the transaction takes place by money, the ownership regarding the property of good does not pass to the second party from the buyer. Under S. 20 of the Act, the possession of the goods does not pass to the buyer. The reason being the lack of knowledge that stays in the favour of the buyer in regard to the commodity. Therefore, the patent of ownership does not stay with Paul for the fixation of the window.
  1. Under S. 22, the sole responsibility of the product stays in the hand of the seller. When the exchange is still to take place. In such scenarios, the nature of the good using which the following transaction is to take place would be hampered due to such incident occurrence. Hence, the contract will be addressed as a void in legal nature under S. 9.
C. In the present era, the principal aspect of the sale has been entirely hampered by fire to which neither of the parties has been given any focus. Such a contract is addressed as null or void in respect of the S. 9 of the act. Since the product has not been in the exchange phase before the incident of fire took place. The ownership remains with the buyer Samantha. Hence, Samantha is the only body for the loss that has taken place.D. S. 15 of the Act, states that the good or product to be initiated for the transaction phase should be with an introduction of the description of the commodity. S. 16 of the Act, mandates in respect of the quality assurance and nature of commodity. According to the current scenario, the subject of the transaction is the Soya bean Oil. Joes have been served with lubricating oil. However, this clearly states that this does not match the description of the transaction.E.
  1. Within the present scenario, an agreement was formulated for the sale of carpets. The transaction took place on a payment basis where cash was paid. The transfer of the properties did not come into effect as such either of the party can be addressed as a defaulter. The main body responsible for such is the seller itself and is solely responsible for the bearing of loss. However, S. 9 of the act, address the sale as void because the subject has been eliminated. As the payments were already done, the seller is bound for a reimburse charge; the seller has to pay to the buyer for the loss incurred.
  2. According to S. 20 of the Act, The legal ownership tag does not shift towards the Charles because of any specific change from the side of the seller because the transactions have already been made.
  • In this scenario, a contract of music system took place that is recognised as void under S. 9 of the Act. The commodity lies within the hands of Pat. Therefore, Pat is legally tied to pay $5,000 to Rick-Jones Electrical Ltd.
The Consumer Guarantees Act of 1993, formulated as change for the Sale of Goods Act 1908. It is expressed to secure the interest of customers. Commodities purchased for personal consumption only falls under this Act. However, the services rendered are not covered under this Act.Section 6 of the Consumer Guarantees Act of 1993, clarifies that the goods being introduced for the barter exchange should be of desirable quality in terms of nature of the commodity. In this picture, the incident is of Yacht, The legal tag of ownership has passed to the Nelson marine LTD. Later, after successful transaction it is experienced, Yatch is not of the desirable condition and cannot function properly in terms of its work as mentioned by the seller. It fails to carry any sea related activity. However, in respect of the life jackets, this specific transaction has been affected because of the second-hand nature basis trade activity.
  1. 9 of theConsumer Guarantees Act 1993, elaborates that goods that have been initiated within the barter exchange should be confirmed regarding the product description that is introduced by the sales assistant, advertisement and Boucher. Whereas, within this particular scene, Bob claims that the product is qualitative and can be implemented for the general use of the rims. Later, it was observed that the statement as proposed by the seller is false. Taking into consideration the fact it is stated that the seller Sarah is liable for making a false statement and for the hampering of the legal vision of the contract. However, Sarah has considered the transfer of goods upon the interest of the sales agent.
  2. The decision of Sarah, to undertake decision regarding possession of paint has been relying upon the sales agent presentation, the name of the sales agent was Bob. However, taking into consideration the above fact it is a justified case for Sarah to claim for the recovery. The claim of default activity will take place from the area where the transaction took place. In this case, the area is the store. However, the recovery is regarding compensation, recovery, or replacement process.
  • However, in case the shop does not provide any remedy, Sarah possesses the right to ask for money. The money which was the principal means for formulating this transaction. It is section 18 of the Act, which makes the store to be addressed as a defaulter of this case.
  1. 18 of the Act, within this scenario the repair of the fridge takes place by the Aukland Fridge Suppliers (AFL). The cost of repair is solely the responsibility of Aukland Fridge Suppliers (AFL). Taking into consideration the above case, Lucky is not justified to be liable for the compensation. Lucky has the legal right to claim for the collateral damage.
S. 9 and 13 of the Fair Trading Act 1986, restricts the owner of goods to claim any false complaint or unjustified statement that is illegal in the eye of law. The false statements regarding the quality, nature, standards of the goods are criminal in nature. Taking into consideration this case it seems like the commodity is being manufactured from the area of New Zealand and the seller even claims that it is 100% assurance of its origin. The seller further added that it is of New Zealand Merino Wool. In the legal aspect, it was a false statement made. In real nature, it is a composition of the 85% of Australian Merino, and a 15% approx. Mixture of the Polyester and that too the manufacturing process was undertaken within the region of China. The design phase was carried out in New Zealand. This introduces the Fair Trading Act 1986.a) In this scenario, the area of problem is regarding whether or not the Specialist Laboratory Services Ltd. has seen any liability regarding the Bhavin for the misrepresentations.
  1. b) S. 9 and 13 of the Fair Trading Act 1986, prevents the act of imparting any false statement that is hazardous concerning the true nature of the commodity.

Section 40 of this Act, recognizes the proposed company as the default body and in terms of legal aspect is solely accountable to pay an amount of $600,000.

  1. According to S. 9 and 13, of the Fair Trading Act of 1986, eliminates the owner, to carry on any misconduct regarding the properties and well-being of the commodity. Irrelevancy in terms of price, standards, nature, advantage, utility of the commodity. As observed in this scenario, Food Storage Ltd. has resulted in the violation. This is a violation of the Act of FTA 1986.

Case 1

1) Unfair dismissal denotes the process by which an elimination situation has resulted in irrespective of the legal nature in the eye of the law. It was the level of performance as served by Hans which was weak and this made him to be eliminated. In the case of Alan, he was also being addressed with an alert regarding the elimination process.  Therefore taking into consideration this above fact it seems like Alex is legal in the eye of law. As per the Employment Relations Act 2000.

2) However, Han’s elimination is not for the reason that he was not suitable for a proposed designation. However, the termination of the employee should be carried on with the implementation of the official notice period. Such formal notice should always depict the reasons for such termination process. The employees should avail the opportunity to know the different criteria’s for which they are being eliminated. Whereas, for introducing the notice period a period of one week is required.

Case 2

The definition of sexual harassment has been outlaid within the S. 28A of the Sex Discrimination Act 1984. Taking into view this specific law in terms of the corporate premises, sexual harassment is regarded as the illegal act and should be given instant focus. This brings in Lars, such that they register and file a complaint to the Australian Human Rights Commission regarding the act between Sextus and Lucretia. Whereas, it is mandatory for the corporate business firm to undertake necessary legal actions. Moreover, if the corporate business firm does not undertake any legal actions against the subject, then the firm is solely liable. To deal with such issues, a separate back team is being formed to address such defaults.

Ownership of goods

The company should implement the formulation of policy regarding such incidents. There is also a requirement of the disciplinary body to take care of such issues. 

Case 3

Lookingg after this particular scenario, it is believed that the elimination process was not carried forward according to the Employment Relations Act 2000. In such a case, Rob is with the corporate for some time of more than five years. The termination programme is part of corporate ethics, which states that the notice should be introduced before the subject for some time of four weeks before the elimination process takes place.

Case 4

The termination process in this particular scene is unfair. The employer and the Mary were operating under a specific contract. According to the deal Mary was hired but there lie formal criteria for the sign-up process. There is an immense need for the sign-up process of the documents. Every aspect regarding the corporate working was mentioned within the agreement. Taking into account these factors it is believed that the deal is a valid contract and the termination process is an unfair practice in nature.

Case 5

According to the S. 28A of the Sexual Discrimination Act 1984. Taking into account this section of the law, any action that exists in the corporate which is not legal will be addressed as illegal activity. The corporate body was planning to log a complaint in the legislative body of the Australian Human Rights Commission. The issue or complain was nor accepted by the legislative house. This states the emergency for the formulation of specific kinds of rules, policy and regulations. A different back team is required to deal with such issues.

1 a) There take pace the corporate ethics which states that safety of employees and the corporate activity should be in a formal and legal aspect. Taking into account this scenario, it seems like the employer is not capable of providing such level of safety.

1 b) Under the Health and Safety at Work Act 2015, the efforts of the employer is mandatory to have concern towards the well-being of the corporate sector. The welfare of corporate employees should be given priority. To have a concern towards the suppliers, contractors, customer, and volunteers. It is the corporate ethics and the sole responsibility of any employer to have a concern towards its employees. The work environment should be free from any risks and hazardous conditions.

2 a) The primary body such as the employer of the specific business firm, fail to keep the word in terms of the claimed statement that rotation of shifts will be given. The employee actions were not given priority and monitored effectively. There was not even the presence of the communication medium between the management and the supervisors. The utility tools were also not deal with effectively such that there exists a huge chance of an accident to take place.

2 b)

Maintenance Emergency  

Remarks

Urgent

Not Urgent

Electrical outlets safety measures

Equipment  maintenance

Stable conditions of the equipment

Entrapment hazard shortage

Safety in terms of the storage

Mentioning the entry and exit points

Hygiene

Exit in terms of fisre accident should be properly pasteurised

Management of waste

Making the staff aware regarding safety measures

Availability of first aid

Fire compliance

Assessment of risk factor

Facilitates for rest

Making Trolleys available for heavy lifting activities

Acceptable level of noise

Temperature, humidity and flow of air

lightning

Shift timing awareness

Maintenance of register file

References

Australian Human Rights Commission Act 1986

Consumer Guarantee Act 1993

Fair Trading Act 1986

Sale of Goods act 1908

Sex Discrimination Act 1984

Cite This Work

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My Assignment Help (2020) The Sale Of Goods Act 1908 And Employment Relations Act 2000 Essay. [Online]. Available from: https://myassignmenthelp.com/free-samples/cx551001-commercial-law-applicable-system
[Accessed 01 March 2024].

My Assignment Help. 'The Sale Of Goods Act 1908 And Employment Relations Act 2000 Essay.' (My Assignment Help, 2020) <https://myassignmenthelp.com/free-samples/cx551001-commercial-law-applicable-system> accessed 01 March 2024.

My Assignment Help. The Sale Of Goods Act 1908 And Employment Relations Act 2000 Essay. [Internet]. My Assignment Help. 2020 [cited 01 March 2024]. Available from: https://myassignmenthelp.com/free-samples/cx551001-commercial-law-applicable-system.

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