Business law
LAW OF CARRIAGE:-
Defination of law of carriage:
Law of carriage means carrying goods from one place to another against the price. It is the branch of business. Carriage is the basis for the management and operation of business successfully and effectively. It is the factor of business activity that helps to mobilize the labor, raw material, and tools and machinery etc. Modern business activity are based on the exchange of goods and transportation of goods from one place to another.
According to section 65 of Nepal contract act.2056 ,”a contract is related to carriage shall be deemed to have been concluded, if it provides for transportation of goods from one place to another.”
Classification of carriage: carriage can be
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Specific goods:- specific goods are those which are agreed and identified at the time of contract of sale. ii. Unascertained goods: - unascertained goods are those which are not agreed and identified at the time of contract of sale. These types of goods indicated and defined by description at the time of contract of sale. iii. Ascertained goods: the term ‘ascertained’ is used to those goods; which are ascertained after making the contract of sale. 2. Future goods:- future goods are those goods which are manufactured, produced and acquired by the seller after making the contract of sale. 3. Contingent good: contingent goods are those goods whose acquisition is depend upon the happening and non happening of certain event. i.e., contingent event.
Difference between contract of sale and agreement to sale. Basis of difference | Contract of sale | Agreement to sale. | Ownership of goods | Buyer is said to the real owner | Seller is said to the real owner. | Natue of contract | Executed in nature | Executory in nature | Transfer of risk | Seller can transfer the risk to the buyer in the condition of sale | Seller can’t transfer the risk to the buyer up to the time of contract of sale. | Loss and damages of goods | All the losses and damages are bound by the actual buyer | All the losses and damages are bear by the actual seller. | Right to sell the goods by the seller. | Seller has no right to sell
It was a term of the contract that the agent was not to sell goods supplied by anyone other than the principal. The agent sold other goods and was dismissed.
3. NuTech Company agrees to sell computer equipment to Office Stores, inc (OSI) for OSI to make to its customers. Their construct will be unenforceable if it does not include: the quantity of the goods.
c. Only after conduct that shows the buyer 's willingness to become owner of the goods.
- The UCC defines goods as something that you can touch and can be moved for the contract of sale.
In contrast, Louisiana interprets both "sale" and "goods" differently, hence the rejection of Article 2. In Louisiana, sales of future goods and services are also covered. No effort is made to distinguish a sale from other transactions (Callens, 2012). This left to the pre-existing law or individual interpretation by a judge. A sale can be future claim, an oral mutual agreement for future transfers, or the usual exchange for goods and services for a price as stated in the UCC. "Goods" in Louisiana, specifically those attached to real property, causes some confusion with
* If the arrangement includes a general right of return relative to the delivered item, where the delivery or
this case could be an tricky in the court, because in the contract they only
In this task, Customer of Legislation, I will discuss the five main acts of parliament that the legislations are made for the business. The legislation is a law, which there are five for businesses, which everyone must follow the law, however, the ideas of Laws in a business are made by the government to make sure customers of a business are protected from a business by the five Acts of Parliament. These Laws of parliament will make sure the Business follows the rules for customer’s protection purposes. However, if they don’t follow the rules, the customers could be harmed; the businesses must be honest to customers; the business must not take advantage of customers.
In this case study, we are assuming the contract entered into between Raymond Smith, the buyer, and the auto dealer, the seller, is a legal
u. P2) This implies that the seller who intends to enter a contract with a customer has a duty to disclose exactly what the customer is buying and what the terms of the sale are.
* Where there is a sale of goods by description there is an implied condition that the goods will correspond with that description.
not cover a contract between you and a fee for service contract, such as wanting an addition put on
| past work done by seller, intellectual property rights, and risk associated with a given seller.
c) Special Legal Considerations would be another alternative for this issue. Inspection Rights, if a purchaser has not inspected the purchased material to ensure that it conforms to the terms of the contract, the law gives him or her a reasonable period of time to inspect the material after it is received. If the purchaser raises no objection to the material within a reasonable period of time, he or she is deemed to have accepted it.
Turner, the terms “subject to contract” actually is a secure way to protect both of their benefit. For Mrs Turner, this means that she can pull out of the deal anytime if, for example, a survey shows up a defect or she might found another favorable property – though she can pull out for any reason. For the seller of second property, it would have allowed them to pulls out of a deal if they have had a higher offer.