CASE STUDY

Case Study

Case Study

Part A:

In the case, Civil Code provides for stringent quality assurance and not subject to limitation of liability of the seller for breach of the goods. Unconditional is the buyer's right to recover damages resulting from the purchase of defective goods. At the same time, each buyer may choose to require a reduction of the purchase price or unpaid deficiencies of the goods or refund of its costs to remedy such deficiencies (Jennings, 2004).

Requirements for the quality of the goods shall be provided in the contract of sale. The seller must deliver the goods and the quality of which corresponds to the contract.

In the case of George and Adam, certain problems with the execution of the contract may arise in cases where it does not contain terms of quality. The solution of these problems and eliminate the possibility of transmission to the buyer of defective goods may contribute to the following provisions of the Code (Rousseau, 1997).

In the absence, of the contract terms of the quality of the seller must deliver the goods fit for the purposes for which goods of that type are used.

If the seller under the contract was made the buyer aware of the purpose of purchasing goods, the seller must deliver the goods, suitable for such use.When selling goods on the sample or description, the seller must deliver the goods, which corresponds to the sample or description (Gordley, 1991).

If, in accordance with due process of law, there are mandatory requirements for the quality of goods sold, the seller engaged in entrepreneurial activity is obligated to transfer the goods that meet these regulatory requirements.

It is easily seen the case that above provisions correspond to the rules determine the conformity of the goods provided by the Vienna Convention on Contracts for the International Sale of Goods.

Of great importance are the rules on product quality assurance. It is necessary to distinguish between the legal guarantee of quality goods and contractual guarantee (Berendt, 2007).

The legal guarantee would apply in the case, if the contract has not been established. The essence of the legal guarantee of the Civil Code is expressed as follows: products must meet the requirements for their quality, at the time of their transfer to the buyer, unless a different time of determining the conformity of products with these requirements are not provided by the contract, and within a reasonable time to be fit for the purpose for which such goods commonly used (Hobbes, 2008).

When the seller provides the quality assurance of products included in the contract (contractual warranty), the seller must deliver goods to the buyer to meet the requirements for their quality, for a certain period of time established by the contract (guarantee period) (Smith, 2004).

Of quality assurance products to be distinguished shelf life of goods, that is fixed by law and other regulations, state standards or other mandatory rules of the time period after which the product is unfit for its intended ...