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There is a trend of purchasing new item or product but while buying or selling goods one must follow the act as not accept without proper documenting. As sales of act tell everything related to buyer's and seller's responsibility. Under this report, Ban's buy a new car but after some time it got damaged but he did not know how because while buying car was in proper satisfactory condition. In this report, how the act of sales good, breach of warranty, product liability are helped in choosing the right decision. This report also presents different types of credit agreement and termination rights and default notice in case if a person faces problem in future paying debts. This report also shows different types of agency and rights of an agent who assist or help to get the problem to solve. This entire report help to understand the legal rules relating to sales of goods, consumer credit and agency and law based on it.
1.1 Advising Ben on Legal Rules
Legal rules which should be followed while the sale of the product and supply of service are, as the sale of goods following the act 1979 which deals with the quality of the car should be satisfactory and when Ban purchase it is actually in good condition. Purpose to buy the product should be clear as he purchases it for a particular motive. Then comes a delivery time of the product is perfect, there is no delay in the work (Brotton, 2018). In the case, party is mistaken to follow the rules given in the contract then it is the right of the buyer to take immediate action when found breach of contract. While installing any plant, 40 per cent should be paid at the time of instalment and remaining payment will be done after installing complete plant and there should be some amount will be take by the customers which return after completing gurantee period. On contract there should no any kind of unfair terms which have no need to mention . When Ban purchase the car, he checks the quality, system but not found any mistake but while driving he suffer from many problems. There should not be any boundation while selling the product or item and when Ban purchase car he follow all the instruction and keep all the safety measure in his mind to keep the car for long term.
1.2 Advising Ben with Respect to Provisions on Transfer of Property
Transfer of goods is in the contract of sale, but Ban's will not use this act because under this act, if the property or car find ascertained then only transfer can be done but when Ban purchase it from the showroom , car was proper working condition. Next contract of pass property should be done when a sale of any ascertain item is done then buyer must contract in any circumstances they must transfer it if found any damaged. Transfer of goods act is applied at the moment when seller sale his product to the buyer similarly ownership also passes to buyers. Next, when the property is found in damaged condition and all the risk bear by the person wo has the ownership whether they are buyer or seller (Bridge, 2017). When the property cause any harm by third party then only the owner has take any action against them. If the seller can make appeal to the buyer for price of the product and if agreed then god will became the owner of the product. In case of insolvency then the product is assigned to the official reciever if the property is actually related to the person who now proved to be insolvent. The main aim of transfer the property is detention of the goods or control of goods.
1.3 Remedies with Respect to Sale of Goods Contracts
Statutory provisions on seller's remedies in sale of goods contracts are :
Suit For Price: while buying a property, seller must recover the payment according to contract or partly at the time of delivery in the form of cash and partly when work is completed, if either payment is not given then seller has right to sue the buyer.
Damage for Non– Acceptance: under section 56, when buyer refusing to accept the goods and ready to pay for it, then seller may appeal the buyer form non – accepting the property. If breach of contract occurs between them and the party who damage the property is ready to pay then it means tat both parties are ready to enter in the contract.
Provisions which are made for the buyer's remedy in sale of goods contract are:
Damage for Non- Delivery: when seller deny to deliver the property then it the right to appeal against seller for non-delivery. If any damage occur, claculate the difference between its selling price and market price and he suffers the loss.
Remedy for Breach of Warrenty: when there is breach of warranty in any part, the buyer can reject the goods and can sue the seller for this and can extend or less the price .
Special Performance: in case of breach of contract, court may be reject the contract if the application is received the person against another in some special performance.