BUSINESS LAW

Business Law

Answers of the Questions

Q1.

Issue

The issue here is whether Paul is legally obliged to claim his loss from the company Tefal as the fire caught to his Actifry.

Rules

The Sale of Goods Act (1979), states that a customer can return the defective goods and ask for the refunds every day. The act states that anything that do not align with the contract between buyer and seller, and any goods or services described by the seller, are not proved as fit and satisfactory related to the quality concerns, the customer is legally obliged to claim to resolve his problem (section 13). The customers can claim the compensation for the damage and loss at any time during the period of six years after purchase. During the period of six years the seller is responsible to refund or to provide a new product. Further, the product liability in the UK states that the customer is legally obliged for the decision to demand the refund of the product. Section 13 of SOGA applied to all kinds of the sales of goods corresponding with the description that the seller provides through indirect sales. Hence, Tefal Actifry can also be implied in this act, as the goods purchased over the internet are corresponding with the description that is not met with the quality (The Sale of Goods Act 1979, section 13(2)).

Further, section 14 of SOGA defines the two more conditions of sale of goods act, which clearly states that all goods should comply the satisfactory quality. This will mean different in the different circumstances but in the case of Tefal Actifry, it is reasonable to assume that Actifry has unsatisfactory performance as catches the fire and failed to provide the safety in the product usage which was earlier claimed in the description of the product. Section 14(3) states that goods need to be reasonably fit; which require that the goods sold for the purpose must do the particular job properly. Section 14 gives the right to the buyer, that he can reject the goods on the ground of the product defect. Section 14 also implies that seller can reject the claim of the goods from the buyer depending on the contract and especially when goods are accepted after the products are tested to the buyer. Rejection of the claim occurs when buyer delays in notifying the unsatisfactory performance of the product or service to the company, which in the case of Tefal Actifry is addressed on the normal conditions and without delay. The goods are neither altered nor does anything made which does align with the rejection as explained in the SOGA section 14. The liability and return policies by seller, which states that buyer, cannot be compensated for any refund or replacement of an item, does not favor the seller, but the buyer. The buyer can decide whether to accept the refund or replacement item in any prescribed conditions (The Sale of Goods Act 1979, section ...