Assignment: Sale Contract And Promotion

Assignment Students Name Institutional Affiliation Course Date Assignment Question 1 A sale contract must be made up of two parties which consist the seller and the buyer. There is the transfer of ownership, free consent of both parties and offering undersigned by the parties. Sales promotion is considered to be a part of the offer in which the buyer relies in making their purchase decisions where they assume that the representations which are prepared by the salesman are correct. Because the representation of the salesman’s of the features of the products are relied upon the buyer in making the purchasing decision thus they need to be true (Cramm & Erwee 2013). In case there are any claims not being true, or if the salesman hides anything it will cause a breach of the contract through the misrepresentation of facts. Since the individual is working for the company, his promises and also words are considered to be the company’s words which is liable for its actions. In this case, Jimmy’s statements are considered to be part of the contract which was made. Question 2 After three days it’s when Joanna notices that her new MowMaster 6000 is not functioning effectively as it is required. When the blades were inspected they were blunted and also worn down. When making the purchase Joanna missed the sign at the seller’s counter that the seller is not at any place responsible for the breach of the condition or the warranty. the rule that is applicable in this case is that a stipulation of a stipulation which occurs to the main purpose of the contract is considered to be a condition and the breach of a condition can cause the individual buying to repudiate the contract and to a refund of the prices and any damages. In this case such speculations can be implied. In a contract of sale there is always an implied condition which shows that the product would be of merchantable quality, meaning that they are required to be fit for their primary function which they were intended. On the other hand in the buyer beware doctrine it states that the buyer buys a product at their own risk. This means that before purchasing any product, the buyer must inspect and examine the goods and purchase them after they are fully satisfied that the fitness and the quality of that product are well suited for their purposes (McCarty 2016). The seller in this case is not considered to be responsible for any defects in the goods that can be revealed through an examination. Yes, if Nailed It Hardware have written or mentioned that sign saying that they are no responsible for any problem. They will not take responsibility of it and buyer has to agree to that. In this scenario, the MowMaster was defective with no doubt and thus the implied conditions, quality, fitness, and description were breached. The defect in this case was not latent. The breach would be apparent to Joanna’s case if she was keen on inspecting the blades of the mower before making the decision of purchasing it. Because she failed to inspect the products appropriately then she fell in the scope of the Caveat Emptor (Michael 2016). In conclusion I think that the sign can apply to the case of Joanna as indicated in the buyer beware doctrine. The sign is t...