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Max's Golf Win and Suing XYZ for Car Prize

As a solicitor, the advice that I can give Max Contractor is to sue the XYZ motors in the court since he had won the game fairly. This can be shown by Max following three rules of golf playing together with his friends whereby; he played the course wherever he found it, played the method where it lay, and did not either-or whatever was fair. All the keenly observing friends observed Max playing the system successfully until he shot the courser in a hole. XYZ organization had to provide care for any winner (Hood, 2006, Pg.45). This is with the knowledge of the signboard that indicated the winner's prize. I will advise Max, if possible, to take the photo as a piece of future evidence that he can use in court to present to the court as the evidence.

Max has a chance to stand and sue the company, and in return, he should be compensated with the car. This is following XYZ's ignorance for removing the signboard when the games for the golf course ended. The advice that I am going to give to Max to sue the XYZ is applicable since the law of England does not stand with the ignorance at any point and is treated as a crime where one party (defendant had knowledge but he assumed) and XYZ organization cannot escape the charges posed to them as a defendant as the offenders. They had obligations to ensure immediately after the event, they removed all the materials indicating the prices and the terms and the conditions to apply.

 In addition, section 172of the companies act 2006 United Kingdom law does not stand with any point with the company since it clearly states that the company has total obligations to the right to employees and any other stakeholder in the event (Meinhold,1998, Pg.530). It proclaims the right of the stakeholder like Max. Max is treated as the stakeholder since he diligently played the golf course intending to win, and at the end, there is a signboard that shows that Max, the winner has a car as a price. According to Max's knowledge, this is one of the community events. The company had registered the event with relevant government institutions like the one for the sports. Like the one of the XYZ held, most of these events come with the prices, which is to encourage the talent growing within the community.

Business Quotations and Conditions

This advice will be best for Max because the company will have to provide the car as the prize, and this is to prevent the disqualification and heavy fines following not meeting 1000 of the companies’ act that is against any company not carrying the operations the way it is needed and may strike it entirely. The company's duty was to ensure that any stated price was allocated to the winner. It was the great belief by Max and his friends that the company had already registered with the national governing body of England that governs sports in the United Kingdom. One of the critical matters they control is if the organization has conducted fair sports, then if it has provided the prizes, it pledged to give the players who will win. This sport’s governing body will not stand at any chance of defending the defendant since it is the responsibility of any organization after any event to ensure that it has carried out cleaning of all the properties and notifications and posters after the finish of the event in a public place playing ground like this one of the golf.

On the other hand, his friends will play a vital role as a witness to testify to the rollover of the event of that day, whereby they will reinforce the information given by the Max on his majesty. According to the criminal laws of Wales and England, the role of the witness, like his friends, will be presenting a series of facts based on the truth that there was a signboard indicating there was apprize of car. The evidence may accompany this by maybe one of his friends taking a video during the playing session. All this will give Max the likelihood to win and be issued with the car prize.

A quotation is a particular document provided by the seller to the buyer to offer services or goods at a specific set price under conditions specified. This document helps the buyer know and understand how much services or goods will cost them before committing the purchase. However, it is recognized that a customer has devoted to a specific price and a sale upon the quote acceptance (Budiman, 2021, Pg.85). A quotation is usually sent to a customer request who aims to know information on specific services or goods before purchasing. A sales quotation must be sent as soon as possible since customers shop around and typically request quotes in different businesses; hence, sending this sale quotation speedily helps the company get ahead in advance or to the competitors and avoid legal risks(Leung, 2019, Pg.6530). In a detailed report, a quotation contains different conditions and terms that help the buyer know how to purchase a product from a seller hence helping to avoid conflict between parties involved in the business.

Presenter's Response

A quotation contains different conditions and terms that help in purchasing services and goods, including payment conditions and terms, breakdown and total costs, the method preferred for payment, details of the business, expiring date of the quotation, and product method use and details of the customer. However, conditions facilitate safe and non-conflict in business.

The conditions and terms apply to the seller in this business quotation between the tradesperson and the organization. A product that a buyer needs might have the same color and be of the same quality; however, who accurately knows the difference between the products is the seller of the product in the business. However, if the seller had abided to the accurate product the buyer needed, it would not have brought any accidental damage to the specific work the buyer anticipated to do (Budiman, 2021, Pg.85). The buyer has the right to sue the seller in a court of law due to the following assumptions; the quotation that the seller-provided to the tradesperson sent by the buyer would have expired, hence the price of the product noted might be inaccurate, and the high since the buyer conditions and terms on the cost of the product would have been low which will have given them maximum profit (Leung, 2019 Pg.6530). Indeed, according to part 2 of the Formation of Contract in the Act 1979, the Sale of Goods in the United Kingdom does not uphold the seller to engage in this kind of business to the buyer, which states that the sale of goods contract is a particular contract in which seller agrees in transferring goods in property to a potential buyer for consideration of money which is the price on contrarily to the seller of the product to the tradesperson.

The buyer also has the right to sue the seller in a court of law due to the seller's ignorance of providing the tradesperson the buyer sent with the proper use of the product (Budiman, 2021, Pg.85). In the United Kingdom, law ignorance is termed and constituted a crime in court. Also, it is assumed that the seller might have wanted to remove the product from the market since it had expired and hence ended up selling to the buyer, failure of the seller to follow the safety conditions of products that the buyer had provided, therefore leading to the cause of damage. The act of Consumer Protection Part 2 on safety provisions of consumer establishes a civil law that recompense for harm brought about by using a product good that is defective(Leung, 2019 Pg.6530). This requires the buyer to sue the seller in a court of law. In addition, the act 1979 on Goods Sale, section 12, enacts duties on sellers, that sellers have the right to sell services and goods and obliquely warranty which will put the buyer in place to enjoy product possession. The seller should have given the buyer a warrant for the product's sale, which would have reduced conflict between the parties.

As a presenter, I will sue the company in court since it is bleaching of the contact without the knowledge of another party (presenter). The company should not assign the contact of presenting the same course to another person since it should be a legally binding agreement between the training company and the presenter (Braithwaite, 1996, Pg.9). More so, there was no breaking of the terms between the training company and the presenter, like the presenter not presenting the draft for the ABC hot training course for the business. This will be termed as terminating the contact since Carl has worked according. There is a kind of unfairness whereby the company is just completing the task of him presenting without his consent. Carl can sue the company the court since he has fulfilled the civil law of Britain for his jurisdictions and obligations.

On the other hand, it is against the section of act 1996 of the United Kingdom that provides room for the conditions and terms that the company should provide to Carl to reach the point of terminating his role in presenting course ABC. It is an unfair practice for the company to give his position to another person since the start of anything is a challenging part. Most of the research was needed during the presentation Carl had presented, so the only remaining thing was just the training company providing the new presenter with some of the basics they learned from Carl. The executive had already agreed to the work done by Carl. This means that they wanted to carry out the theft of some basics in my perspective (Braithwaite, 1996, Pg.9). This is against section 170, where the company will be charged with the criminal offense of disclosing someone's information (skills) without the onset of the other person. Carl was the data controller since Carl knew the course in and out, which means the training company will not be able to fulfill the employment act 1996 c 18. This section of the law will show the unfairness the training company had when they just assigned a news presenter on the course ABC. This means that the company had acted unfairly on dismissal of Carl, termination, and termination of the contract. This means that the company will be the offender, and they will be capable of paying Carl a certain amount of money.

Carl's commercial and regal practices terminate the contract, suing the training company for damages and affirming the agreement. Conditions play an essential role for the two parties, and they have to be performed between the training companies. The training company has failed to fulfill those terms and conditions, and the other party (Carl) is treated to end the contract since the company has breached the agreement (Braithwaite, 1996, Pg.9). Momentary damage is one of the legal damages that the training company should be held capable of paying Carl. Since the situation is tricky, the training company has damaged the conditions between them and Carl confidentially; liquefication damage will be held for the training company (Beheshti, 2019, Pg.500). This remedy contains a certain amount of money that should be allocated to Carl, who did not bleach the contact, and this is reinforced by section 73 of the remedy act.

The bleach of contract is seen where Carl starts the contact and diligently prepares for the Dee day to present the draft of the ABC training unit, and the executives from the training company were pleased about it. To disappointment the Carl, he is replaced from the presentation role by another person, and assumptions could be these executives could be corrupt. They were finding the position of a close person who wasn't competent. They used Carl to obtain those skills and knowledge for the appointed presenter.

A contract review is a process that is contractually used to analyze and identify provisions that are important in an agreement. A professional in a contract understands and knows specific terms and conditions, considers them, and identifies the risks in the business. It is necessary to review a new agreement to know if the conditions and terms favor both parties involved in the industry (Mohanta, 2018, Pg.5). A contract review reduces financial and legal risks in an agreement. A contract is an agreement among parties involved in legal obligation creation. The Act of 1979 Sale of Goods in the United Kingdom provided relevant laws that govern a contract between two parties.

For a contract review to be successful, there is a need to establish specific terms, including intellectual property, indemnity, force majeure, liabilities, damages, and insurance. Intellectual property in the contract helps prevent the particular group from stealing inventions and product design in the organizations, including plans, copyright, trademarks, and patents(Varela-Vaca, 2021, Pg37). The Intellectual Property Office, a UK governmental body, is responsible for the rights of intellectual property. Indemnity varies and typically varies in contractual rules. This term is advantageous to the contract since one party or team is the aptitude to reimburse another team in loss relation. Force majeure provides a contractual defense; the effect and scope of particular contract terms will depend on the contract(Mohanta, 2018, Pg.5). Liabilities in a contract are the responsibility a company has for the actions to take on a particular matter. The Act of Consumer Protection in the United Kingdom strictly imposes liability for manufacturers of defective products for product harm. Failure to comply with the contract regulations will result in legal liability if the commodity sold to a buyer is affected. Damages help the organization in the contract compensate for the loss of the affected party by punishing the party that did wrong. Organizations need insurance since they assist in covering costs associated with liability claims and property damage. Insurance puts the organization in front to compete with other developed organizations in the world in offering services and goods.

Several terms should be put in place for a contract between two parties to succeed. However, failure and omission of these terms may lead to conflict between the parties involved in the contract (Varela-Vaca, 2021, Pg37). Intellectual property, indemnity, force majeure, liabilities, damages, and insurance terms in the contract assist this organization in running a good and efficient way, hence maximizing profits and customer increase. Intellectual property protects the organization from stealing inventions and product design. Indemnity assists avoid conflicts in the organization since it is the one-party aptitude to reimburse another team in loss relation. Force majeure puts in place a contractual defense, the effect and the scope of which particular contract in an organization's terms (Mohanta, 2018, Pg.4). Liabilities provide responsibility the organization has to take on specific actions affecting the business; damages ensure that the organization compensates for loss incurred to the customer, insurances cover the cost incurred to customers' products and the injury of a worker in the organization.

The organization is the seller; this is because it puts in place the given terms. It protects the worker's and inventors' intellectual knowledge from being taken away by irrelevant individuals(Varela-Vaca, 2021, Pg37). The organization provides insurances cost for any product the consumer products. It also includes compensation for any customer property damage. In addition, the organization takes full responsibility for any matter that affects the customers' products hence boosting the trust of its buyers. The organization makes sure that it adheres to all terms the buyer needs hence boosting the confidence and trust of buyers in the organization's products. The Retained Regulation Article 6 (593/2008) in the UK presented rules that govern when two parties come into contracts(Mohanta, 2018, Pg.4). For a successful agreement, there is an urgent need to ensure appropriate and regular communication among the parties involved, a management contract plan that is appropriate, and establishing effective working relationships.

References

Beheshti, R., 2019. The absence of a choice of law in commercial contracts: problems and solutions. Uniform Law Review, 24(3), pp.497-519.

Braithwaite, N., 1997. The United Kingdom Defamation Act 1996. Comm. Law., 15, p.12.

Budiman, K., Subhan, S. and Efrilianda, D.A., 2021. Business Process Re-engineering to Support Sustainability of The Sales Commodities in Large Transaction with Quotation System. Scientific Journal of Informatics, 8(1), pp.84-91.

Hood, P., 2013. Directors' Duties Under the Companies Act 2006: Clarity or Confusion?. Journal of Corporate Law Studies, 13(1), pp.1-48.

Leung, K.H., Luk, C.C., Choy, K.L., Lam, H.Y. and Lee, C.K., 2019. A B2B flexible pricing decision support system for managing the request for quotation process under an e-commerce business environment. International Journal of Production Research, 57(20), pp.6528-6551.

Meinhold, S.S. and Shull, S.A., 1998. Policy unity between the president and the solicitor general. Political Research Quarterly, 51(2), pp.527-537.

Mohanta, B.K., Panda, S.S. and Jena, D., 2018, July. An overview of smart contracts and use cases in blockchain technology. In 2018 9th international conference on computing, communication, and networking technologies (ICCCNT) (pp. 1-4). IEEE.

Varela-Vaca, Á.J. and Quintero, A.M.R., 2021. Innovative Contract Languages: A Multivocal Mapping Study. ACM Computing Surveys (CSUR), 54(1), pp.1-38.

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My Assignment Help. (2022). Max's Golf Win: Suing XYZ For Car Prize | Business Quotations And Conditions | Presenter's Response. Retrieved from https://myassignmenthelp.com/free-samples/mcr009e-business-law/business-and-marketing-development-file-A1E8923.html.

"Max's Golf Win: Suing XYZ For Car Prize | Business Quotations And Conditions | Presenter's Response." My Assignment Help, 2022, https://myassignmenthelp.com/free-samples/mcr009e-business-law/business-and-marketing-development-file-A1E8923.html.

My Assignment Help (2022) Max's Golf Win: Suing XYZ For Car Prize | Business Quotations And Conditions | Presenter's Response [Online]. Available from: https://myassignmenthelp.com/free-samples/mcr009e-business-law/business-and-marketing-development-file-A1E8923.html
[Accessed 17 July 2024].

My Assignment Help. 'Max's Golf Win: Suing XYZ For Car Prize | Business Quotations And Conditions | Presenter's Response' (My Assignment Help, 2022) <https://myassignmenthelp.com/free-samples/mcr009e-business-law/business-and-marketing-development-file-A1E8923.html> accessed 17 July 2024.

My Assignment Help. Max's Golf Win: Suing XYZ For Car Prize | Business Quotations And Conditions | Presenter's Response [Internet]. My Assignment Help. 2022 [cited 17 July 2024]. Available from: https://myassignmenthelp.com/free-samples/mcr009e-business-law/business-and-marketing-development-file-A1E8923.html.

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