Monday, November 18, 2019
Managing Legal Relationship Essay Example | Topics and Well Written Essays - 2500 words
Managing Legal Relationship - Essay Example This issue had not been addressed by SBL management even after the issue was raised by the staff and this had demoralised the staff. Tony, a four year old child who almost chocked to death on what appeared to be piece of string which had somehow been baked in a loaf and was contained in a slice of bread given to him by his mother. The mother has right of bring a case against SBL concerning the choking of her son. Cherie (Tony's Mother) can also bring a case against SBL for she had experienced trauma after she saw her son Tony being chocked by a string in the slices of bread she had given him. This lead he to being prescribed tranquilisers as she could not cope with as did before her son was choked. Annie, a sales lady who was selling SBL products from a van, door to door can also bring claims against SBL for falling to release her as she wanted to leave the company. She wanted to witch so that she can start selling Barrowmill's bread but she would not be released by SBL unless she paid them compensation for the remaining four months of her contract. The customer can also bring claims against SBL since they were selling inferior products. The customers had started complaining that the quality of bread was deteriorating and that they were selling inferior products. On the case where Stoneygro... The customer can also bring claims against SBL since they were selling inferior products. The customers had started complaining that the quality of bread was deteriorating and that they were selling inferior products. Chapter Two: Discussion Question Two Legal Rules governing the above legal Action On the case where Stoneyground Bakeries Ltd (SBL) is bring an action against Tyre Heaven for selling to them cheap imported tyres that cause injuries to the company's driver a week after they were fitted. The Van driver crushed into a wall after the tyre's tread came off causing him to suffer injuries. This was a clear indication that the tyres were of very low standards hence Tyre Heaven were liable for the injuries caused to the SBL van together with the driver since the van crushed as a result of tread coming of the tyre. When SBL bought the tyres from Tyre Heaven there was an implied condition. A condition is usually a term of greater importance going to the root of the contract. A buyer may waive the condition or may elect to treat the breach of such condition as a breach of warranty, and consequently claim damages instead of repudiating the contract all together. The buyer is bound to treat the breach of condition as a breach of warranty where the contract is not severable and he has accepted the goods, or part thereof or where the contract is for the sale of specific goods, and the property in them has already passed to the buyer. The parties are, however free to contract themselves out of this rule by including a stipulation to that effect in which case the terms of the contract will not be affected by the provisions. For the case of sale of tyres by Tire Heaven, there was an implied condition as to merchantability. A
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