Enumerate the rights and duties of a seller in respect of the sale of goods .
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Enumerate the rights and duties of a seller in respect of the sale of goods .
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- Explain the process and legal requirements involved in drafting and enforcing contracts in business transactions.Explain Subcontracting?Bob went out with his friends to celebrate his birthday. They went to a bar where they drank copious quantities of alcohol. In the morning, Bob had not slept and was still obviously intoxicated. He found his way to a car dealership near his house and entered into a contract to buy a Mercedes Benz SUV for the cost of $140,000.00. The car salesman could smell alcohol on Bob's breath, he noticed his eyes were bloodshot and "glossy" while they were signing the papers relating to the sale, and when Bob left he could see that he was unsteady on his feet. Bob left the dealership and went home and went to bed. He slept for two days. The car salesman from the dealership called Bob 4 days later to tell him that his vehicle was ready for pick up. Bob had no memory of the buying any car. In these circumstances:A. the contract is void ab initio because Bob lacked capacity to contract due to his intoxicationB. Bob can avoid or repudiate the contract within a reasonable time after he regains capacity…
- Identify and describe and explain the elements of an enforceable, valid legal contractMr. Oliver entered into contract with his friend Mr. Green to transport some material in two weeks’ time. About a month before the delivery was to be made, the material was banned by the legislature, and so delivery was not possible. Mr. Green could have been arrested by the police if he was caught delivering the goods, but he delivered it anyway. Mr. Oliver refuses to pay. i. What can you say about the contract Mr. Oliver and Mr. Green entered into? ii. Should Mr. Green have made the delivery? why or why not? iii. Can Mr. Green enforce payment? why or why not. iv. What was the impact of the legislative action on the contract?1. Alfred, a retailer, orders from Mark, a nuts merchant, ten tons of mixed nuts. In addition, he asked Mark if he could put the nuts aside and store them until he was ready for them. Mark accepts the order, carries out Alfred’s request and notifies him that the ten tons of mixed nuts had been put aside in accordance with his request and await collection. Days later the warehouse in which the nuts were stored was burnt down and all the nuts therein were destroyed. Using your knowledge of contracts for the sale of goods and a decided case, advise Mark whether he will succeed in recovering the price of the nuts from Alfred. Remember to use the IRAC method. a) With the aid of an example or illustration, distinguish between TWO (2) of the following pairs of terms: a sale and an agreement to sell condition and a warranty property and possession damages and rescission
- Hhhhhh. No need generalize answer ok. Case for study. Mark Hobson is an internal auditor employed by Comstock Industries. He is nearing completion of an audit of the Avil Division conducted during the first five weeks of the year. The Avil Division is one of three manufacturing divisions in Comstock and manufactures inventories to supply about 50 percent of Comstock’s sales. In addition to the manufacturing divisions, Comstock has two marketing divisions (domestic and international) and a technical service division that offers worldwide technical support. Each customer is assigned to the most suitable manufacturing division, which functions as the supplier for that customer. The manufacturing division then approves the customer’s credit, ships against orders obtained by the sales representatives, and collects the customer receivables when due. This allows order-to-order monitoring of customer credit limits against customer orders received. Two Potential…Manuel loves to grill, so he recently purchased a new gas grill online from Costco. The grill arrived, but unfortunately, it was damaged in shipping. Several aluminum pieces were dented, and the shipping box was noticeably damaged. Manuel contacted Costco, which emailed him a shipping label. He learned that the damaged grill will be sent to a Costco warehouse. Costco will file a claim with UPS and receive reimbursement for the grill since it was insured against damage. Which business process related to supply chain management is highlighted by this example? a. Manufacturing flow management b. Returns management c. Customer relationship management d. Order fulfillment processthe purpose and importance of recordkeeping, review, and/or maintenance in warranties.