LAW
Since Robert and Marilyn face different legal concerns, it is best to divide them into different issues, which will simplify them. The numbers of issues that they may encounter are five, which are as follows:o Marilyn Vs Bill (the Old Farm & the fixtures issue) 1o Marilyn Vs Electriks (the exclusion clause issue)o Robert Vs Magna Motorcycles (the poor quality of the motorcycle issue)o Robert Vs Ted (the farmer where he left his motorcycle)o Robert Vs Cliff & Sky (the Demountable shed issue)To legally attend to these issues it is necessary to address topics on Property, (particularly fixtures), Bailment, and Implied terms under the Sales of Good Act and also topics on Trade Practices Act 1974 (Cth) which includes exclusion clause and misleading and deceptive conduct. These issues apply to Robert and Marilyn for various reasons and they will become clear as they are discussed under each relevant legal topic. In addition, the remedies available to Robert and Marilyn will also be discussed under each one of these topics.Furthermore, it is appropriate to briefly discuss the justification that would be possibly put on by the defense (lawyers), which will help to cover any loopholes that may arise in the c
Marilyn and Bill Concerning the Items Taken. An example of everyday live is a showerhead, which could be screwed on and removed without damage, is still a fixture since it is a part of the whole shower system. Therefore, she could argue that the hot tubs, (regardless of the fact that they were above ground) were intended to remain in position from the time that they were fixed. ________________________________________________________________2. On the other hand, this fact could also work for him based on the idea that it no longer is a separate demountable shed but a part of his "real property" 10, which could lead the courts to decide in his favor. The Trade Practices Act under section 66(2) defines goods of a merchantable quality "if they are as fit for the purposes for which goods of that kind are commonly bought". 4o Trade and commerce between Australia and Overseaso Trade and commerce between the Stateso Trade and commerce within a Territory or between the State and a Territoryo The supply of goods and services to the Commonwealth or an Authority or instrumentality of the Commonwealth. Marilyn and Bill Concerning the Old Farm. On the other hand, she could treat the issue about the items that Bill took from the property as separate from the whole property issue, consider it a collateral contract, and deal with it as somewhat of a different contract. _______________________________________________________________7. This section fundamentally covers the same actions covered by section 52 and 53 with the key distinction being the subject of the section. 16 Another modern definition of bailment is ".
Common topics in this essay:
Practices Act,
Title Cliff,
TPA Division,
Australia Sydney,
Robert Marilyn,
TPA Bailment,
Act SGA,
Pty Ltd22,
Nicols Co19,
Robert Ted,
business law,
trade practices,
practices act,
trade practices act,
merchantable quality,
trade commerce,
misleading deceptive,
mercantile law faculty,
faculty business,
law faculty,
guide mercantile law,
sales act,
mercantile law,
2003 study guide,
study guide mercantile,
|
Acceptance Essays
