Wednesday, November 20, 2019
Commercial Law Essay Example | Topics and Well Written Essays - 4000 words
Commercial Law - Essay Example According to the problem, Gill who had made hire-purchase contract with Bobââ¬â¢s Motors by exchanging her Ford Fiesta with Nissan Micra by overlooking her previously made contract with Universal Finance. Besides, the third problem in this case depicts the issue of serious engine fault in a second-hand Nissan 370Z sports car by Hussein after purchasing it from Bobââ¬â¢s Motors. Therefore, the study provides relevant advice to Hampshire Hire Ltd, Universal Finance Ltd and Joan along with Hussein on the basis of the case situation. The discussion of the study provides the claims that can be made by each party relating to the case and also ensures to demonstrate effective remedies that are available for the parties to claim their responsibilities. With reference to the problem associated with the case of Bobââ¬â¢s Motors Ltd., it has been ascertained that John, a key representative of the company (Bobââ¬â¢s Motors Ltd.) had entered into a valid contractual agreement with Hampshire Hire Ltd. for selling Nissan Note cars for à £13,000 each. According to the deal, Bobââ¬â¢s Motors is likely to deliver four new Nissan Note cars on 25th June 2014. In the similar context, Hampshire Hire has accepted the terms and conditions of the contract and agreed to carry the pre-ordered vehicles at his own risk. However, the transporter had undergone natural calamities that led all the pre-ordered Nissan Note cars by Hampshire Hire to explode. In this context, Bobââ¬â¢s Motors has denied to take the responsibility regarding the incident. Subsequently, it can be stated that the incident associated with the explosion of four Nissan Note cars during the delivery to Hampshire Hire occurred due to lightning. In relation to the concern associated with the case of Hampshire Hire, the occurrence of such unavoidable incident can be termed under the consideration of Force Majeure. According to Sale of Goods Act in English contract law, it
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