Free Essay

Asaiment Work


Submitted By klaudiawrk
Words 484
Pages 2
When a contract is formed the declarations made between the two parties involved can be seen as either terms of the contract or mere representations, it is quite essential for the parties to be able to distinguish the difference between the two as it is criticall for both parties to know what course of action to take if such a term or representation is breached. In order to distinguish wheteher a declaration is a term or a mere representation the courts will analyse four factors, the parole evidence rule, relative expertie of the parties, importance of the declaration and the time that has passed form the declaration to the signing of the contract (e-lawresources). This paper will supremely study Jhons legal position againts the Cars4U garage, it will look at the possible remedies available to him and the difference between warranties, conditions and innominate terms.

If a declaration is made by one of the parties that is considered a representation and not a term the innocent party may sue on the basis of misrepresentation; if the declartion turns out to be a false statement of fact and not just of opinion (Bisset v. wilkinson [1927]). The salesman guarantees that the car has no defects and Jhon does not need to inspect it, If the salesman was not in a position to know better this statement could be considered a statement of opinion and Jhon would not be able to claim any remedies for negligent or fraudulent misrepresentation if the car he bought had any defects, but could sue on the basis of innocent misrepresentation if the sales man could prove that on entering into the contract he belived the statement to be true (Misrepresentation Act 1967) and under section 2(2) of the act it would be up to the courts to decide if damages should be awarded or if the innocent party could put an to end the contract, which would put the parties in a position before the contract was enterd into. However as the sales man was in the better position to know if the car was in good condition or not, Jhon would be able to sue on misrepresentation (Smith v. Land and House Property Corp [1884]). On the other hand if the salesman did not declare that the

Jhons signs a guarantee that contains three terms, however sub-clause (c) states that if sub clauses (a) and (b) conflict with statutory provisions then the sub clauses shall prevail, per contra sub clause (c) has no effect as no term in a contract can conflict with statutory rights as under the consumer protection from unfair trading regulations 2008 if guarantees are offered they must be offered in addition to statutory rights and not to take those rights away, as statute provisions are binding by law and no terms in a contarct can prevail them (BBC/news-business 2012).

Similar Documents

Free Essay

Group Consensus Report Busi520 members with varying degrees of professional expertise in strategic marketing. That expertise ranges from backgrounds in the non-profit sector to occupational therapy, financial analysis, logistics, international consultancy, and corporate management. The specific work expertise related to marketing that is relevant to this class is also varied with some members having strong expertise in marketing, sales and business and financial relations, while others have had no experience at all in marketing. This sets up the members for an interesting working relationship. All have had ample experience doing group work in past classes at Liberty University. The group is dynamic in nature. All in all, the individuals are go-getters who work well both as managers and as team members or followers. There seems to be a common work ethic where all members have a strong sense of initiative and are autonomous and self-motivated. While clearly acknowledging that no one is perfect, all seem committed to strive for excellence. Most of the members are process oriented and there is a strong sentiment that the tasks, guidance and specific roles for each individual in the group will need to be clear at all times. All members work reasonably well under pressure, but some members feel that stress is best...

Words: 1291 - Pages: 6

Premium Essay

Business Purpose

...|Date Issued | |Business Environment | |Week beginning 11/02/13 | |Student Name |Student ID |Due Date – 03/06/13 | |Lecturer Name: Ibrahim kevin, Sujata,& Issac |Internal Verifier Name | | |Mr. M. Azam | Rules and regulations: |Plagiarism is presenting somebody else’s work as your own. It includes: copying information directly from the Web or books without | |referencing the material; submitting joint coursework as an individual effort; copying another student’s coursework; stealing coursework from| |another student and submitting it as your own work. Suspected plagiarism will be investigated and if found to have occurred will be dealt | |with according to the procedures set down by the College. Please see your student handbook for further details of what is / isn’t plagiarism.| Coursework Regulations   1. Submission of coursework must be undertaken according to the relevant procedure – whether online or paper-based. Lecturers will give information as to which procedure must be followed, and details of submission procedures and penalty fees can be obtained from Academic Administration or the general student handbook. 2. All...

Words: 2134 - Pages: 9

Premium Essay

Interview with My Mother

...Interview Project My person of choice to interview for this project was my mother. She has personally in business for well over 15 years. She is talented and knows what she is doing through and through, and has helped lead her team to the top many times. My mother Jill works as an area manager for SunTrust in the Charlotte area. I decided to pick her, not only to have someone to interview, but also to get to know her on a more personal level and to see personally how she truly feels about what she does. I set up the interview via email. It becomes difficult trying to get together and be able to sit down and personally conduct the interview when she is out and about working. I attempt to visit as often as I can, but there are some nights that she doesn’t get home until really late. She was welcome and willing to do it, and her answers gave me more of an insight of what she really does. Here are the following questions, as well as answers. 1.) a. How do you measure success? In many ways… as a leader I measure success by how well my team achieves various key measures. My personal success is when my team is considered successful by others. b. Where does that measurement stand now? Currently we are exceeding key metrics and a majority of the 18 branches I lead are at or above target for the 4th quarter. c. What actions are you taking to change the measurement(s) (in the right direction)? My goal is to have all branches achieve their goals so for those that are not at...

Words: 1194 - Pages: 5

Free Essay

Hr Job Analysis

...Notes for using the Job Analysis template Job analysis is an in-depth study of a job (not the person in the job). It provides information for job descriptions. In doing the analysis, you will need to gather information about the job, eg by interviewing employees, observing performance of certain tasks, asking employees to fill out questionnaires and worksheets, and collecting information about a job from other sources such as related units of competency. Whatever sources you use to get basic information on what the job entails, the analysis should end up with written results that can be reviewed by the incumbent, or other employees who know the job. During the review, duties, competencies, knowledge, skills, abilities, and other characteristics of the job can be added, deleted or modified. Job analysis is designed to provide a reliable method of quickly and effectively identifying critical competencies (ie knowledge, skills and abilities) and establishing the qualifications for a job or role. The step-by-step process below will assist you to complete a job analysis using the template provided. |Process |Explanation | |Step 1. Understand the job |Start by developing a complete understanding of the position. This is the foundation on which training (and | |including duties and tasks |other human resources processes) is based. The basis...

Words: 822 - Pages: 4

Free Essay

Math and Me

...Math and Me Vanessa Bashore MM212: College Algebra “We both just did out fives yesterday, how can she be doing her sixes already today?” I can remember thinking this like it was yesterday instead of 29 years ago. I was in first grade, and we were doing our times tables. I had been the first one to do all of my numbers so far in the class, and now Sara was up there doing her sixes before I knew them. That would just not do for me, so that night I went home and learned the rest of my numbers, six through nine, to be able to do them for the teacher the very next day. I guess you can say that this is where my love for math started. I am not saying that I never had to study or that I have never struggled with any math in my life, but for the most part, most of the math classes I have taken in my life have come pretty easily to me. I love when you are struggling with something in math and all of a sudden you have that a-ha moment where everything suddenly makes sense. In the past I have taken all the basics in math including Algebra and Geometry. However, these courses were also taken almost 20 years ago, and I have to admit that I am a bit rusty when it comes to all of the formulas and properties. Even though I may not remember all of the formulas, I still consider my previous courses a success. I may not remember the exact formula, but I do remember that the formulas exist and it is just a matter of looking the formula up and plugging in the right numbers to get the correct...

Words: 774 - Pages: 4

Free Essay

Best Workplaces

...profession in or subjects that we feel we are good at. However, all of this means absolutely nothing if we are not satisfied with the environment in which we work. In this assignment I will be discussing three companies from FORTUNE Magazine’s annual ranking of America’s “100 Best Companies to Work For”. I will be describing the work environment of these companies and identifying elements that promote motivation and cohesion among employees in these workplaces. Additionally, I will be relating my observations to materials found in our textbook. The first company that I will be discussing is Dreamworks Animation. According to the about section on their website, “DreamWorks Animation creates high-quality entertainment, including CG animated feature films, television specials and series and live entertainment properties, meant for audiences around the world. The Company has world-class creative talent, a strong and experienced management team and advanced filmmaking technology and techniques” ( Dreamworks Animation has also made this list of FORTUNE’S best companies to work for, for the last five years. An element within this company that fosters group cohesion is the area in which they work that allows for on campus events and activities that includes friends and family in addition to work colleagues. Throughout the year, Dreamworks...

Words: 903 - Pages: 4

Free Essay

Effective Follower

...particular is effective followers. How does an effective follower work and what does is it that drives them? There are five main characteristics that we are going to focus on for an effective follower and they are: dedication, independent thinker, active in the organization, self-management, and willing to take risks. Dedication is defined as the quality of being dedicated to a task or purpose, but it can also be interchanged with loyalty. An effective follower is someone who a colleague or manager can count on because they know that they will give it one hundred percent when it comes to completing a task. They tend to really believe in what they are doing and that is where the sense of dedication comes from. For example a dedicated employee would be willing to put in the long hours and extra time that it would take to complete a project. Their boss trusts that the work will not be sloppy or incomplete because their loyalty is outstanding. Dedication is very important to being an effective follower. A second important quality is being an independent thinker. In reference to the project example mentioned above an effective follower would be the person who would think outside the box for a solution to a problem. They do not rely on others when contemplating the options. This does not mean that they do not work well in teams. They are perfectly capable of participating in a group, but they do have the ability to work solo on an issue that might arise. It is because of this that they...

Words: 723 - Pages: 3

Premium Essay

How to Handle Resistant Employees Without Coming Out of My Comfort Zone and Stepping over Boundaries

...adding to the complexity is the fact that from time to time the stated reason hides the real deep personal reason. I have learned to recognize that people work through a psychological change process as they give up the old and come to embrace or reject the new. People may experience initial denial, and then begin to realize that the change can’t be ignored. Sometimes strong feelings may emerge, like fear, anger, helplessness and frustration. A person can accept the change either negatively, with feelings of resignation and complacency or positively, with enthusiasm to capitalize on the changes. You should always watch out for the ones who get stuck in one phase, and offer your support. Allow space for people to work through the stages and give them time to breath and listen with empathy. I have learned that there are many reasons why people are resistant to change, the first reason is that the person is in general against or negative towards all that is different or new. They would say things like we just don’t have time for that or its too early or too late for that. The second reason is that the person is not interested in the idea or change, or he/she has other goals that he/she wants to pursue. The third is that the person doesn’t understand the message and/or the consequences that the change will have on his /her work situation. The Forth reason is that the person doesn’t trust the person who communicates the change initiative. The last one is fear, like for example...

Words: 1697 - Pages: 7

Premium Essay

Webcom Assigment

...presentation of Microsoft's New Envisioning Center. What is interesting is the rest of the headline I mean work, play and live which seems like the try to evoke the feeling that it could influence and mainly improve the whole life easily. But it is obvious what the video will be about from the headline I would say. Proairetic code: There is clear storyline and what I found out really interesting, it is amount of examples of new technology working. The whole video is one big example of using technology which consists of smaller examples and we can say presentations. So for me it is examples and presentations what is the most significant point in the proairetic code of this video. Semic code: The first impression on me was big preassure on international expressing of video. A lot of nationalities and actually the family was international as well. Also the family looks happy (probably thanks to new technology) and the man looks really professional in the work. It seems like the expression would have been that successful and happy people use the products. Symbolic code: I found actually just one full-faced symbol and it was the toy of lion when children were working with the new tech. It was trying to show that it is so easy to use that even small child is able to work with that (and actually grandmother as well). Maybe man's cooking apron was symbol of possibility to work (cook) and use the new tech in the same time because the using of new tech "makes the cooking simple"...

Words: 308 - Pages: 2

Free Essay


...BSP5003 Contemporary Issues in International Political Economy Essay 1 (Part 1) – Marking Criteria Which of the three major theoretical perspectives on International Political Economy (IPE) – i.e. liberalism, mercantilism, and structuralism – best explains the emergence, development and consequences of the major IPE issues in the world today, and why? (1,000 words) 1. Critical Review of a Body of Knowledge (Wider Reading and Criticisms) | Criteria | Achievement* | | A | B | C | D | E | * ------------------------------------------------- Does this work use key readings relevant to the subject – sources may include books, journals and the University’s electronic resources with limited reference to internet sources? | ------------------------------------------------- | ------------------------------------------------- | ------------------------------------------------- | ------------------------------------------------- | ------------------------------------------------- | * ------------------------------------------------- Does the literature on the three major perspectives on IPE include up-to-date material?------------------------------------------------- | ------------------------------------------------- | ------------------------------------------------- | ------------------------------------------------- | ------------------------------------------------- | ------------------------------------------------- | * ------------------------------------------------- ...

Words: 387 - Pages: 2

Free Essay

Ge Case

...1. Jack Welch launched a number of initiatives on taking charge of GE in 1981. Was there a strategy that was the driving force behind the initiatives? Were the initiatives effective in accomplishing what Welch was aiming for? When Welch became the CEO of GE in 1981, the US economy was reeling under recession. The challenge lied before the Welch to set a strategy to remain profitable through the recession and continue to be so. Welch responded by employing a strong strategy supplemented by the necessary structural changes. Welch followed the strategy of “as a unique, high spirited, entrepreneurial enterprise…… the most profitable, highly diversified company on earth with world quality leadership in every one of its product lines.” Clearly, Welch wanted the GE to be entrepreneurial, most profitable, diversified and quality leader this was the driving force behind the initiatives. Welch took the following initiatives, their effectives is tested below: a) Sell of Close – To be most profitable, GE needed to be in the business in which they had leadership and earning profits. And to come out of the businesses which were not profitable. Welch clearly articulated this by guiding to be either #1 of #2 in business of get out of it. As a result, GE sold more than 200 businesses. This initiatives was in perfect line with the strategy. Only by remaining #1 or #2, GE could remain most profitable. b) Diversification – GE made over 370 acquisitions, clearly moving on its strategy...

Words: 963 - Pages: 4

Premium Essay

Farm Girl

...Summary of Farm Girl Anderson Jude ENG 115 Professor Chris Swindell Strayer University October 23rd, 2013 The short story Farm Girl is an in depth look at life through the eyes of a young girl growing up with her family on a farm. Throughout this non-fiction story the author Jessica Hemauer, does an amazing job of describing her surroundings to pull the reader in and make them feel like they are there with her. She begins as a younger girl describing how difficult it is for a child to awake from a deep slumber, and immediately get to work doing jobs some grown men would cringe at. “Cleaning out various huts and pens and laying down fresh straw are part of our daily duties” (Hemauer, 2011 p. 84). She continues by explaining how this is the worst of the jobs she and her siblings endure, and how the dust makes it difficult for them to breathe, but they all know there is no use in complaining because it has to be done (Hemauer, 2011). She continues her story into her teenage years describing vividly the life and struggles of a teenage girl, especially one with so many responsibilities and restrictions. While in eighth grade she describes to the reader how unusual her life is in comparison to her classmates, and how she dislikes not being able to participate in extracurricular activities. However, she finally does get the chance to be normal as she defines it. “In eighth grade I really want to play basketball, and after begging and pleading with my parents, they finally say...

Words: 631 - Pages: 3

Free Essay


...effectively but sharing formulate though or even options: in addition by sharing each other thoughts which can enhance motivation. When the coworker are talking they must have a respectful and supportive members when they are working with their team members. When a team can cause communication to become effective and ineffective due to the different cultural dissimilar and having the degree in which a person have many different thought of the process. “A team that is a small group with complement skills, who work together to achieve a purpose and hold themselves accountable for it accomplishments” (2007). When there are team remember initiate the same thing and can end up with the same result as being fully effected by talking, listing, and understanding the rules and regulation. All of the member or coworkers must show respect for want of the idea that they share with the group in order to manage responsively. In every single healthcare environment they must are going to have to work together so...

Words: 832 - Pages: 4

Premium Essay


...put together to work on a task who just don't seem to make the same progress. Your answer as to what a team is may be working together with other people to figure out a problem; and you are exactly correct. Teams are better in some situations, but not necessary needed in all. In fact, they may have some disadvantages that are inappropriate for the work place. Teams typically outperform individuals when the tasks being done require multiple skills, judgment, and experience, but when the individual isn’t a team player, teams are just about as good as the individual himself. (Robbins and DeCenzo 275-84) Many times, teams are often confused with groups. Teams and groups are similar, but not completely. What differentiates both is that in a team, the members are committed to a common purpose, have a set of specific performance goals, and hold themselves equally responsible for the team’s results. A group is individuals working interdependent who come together to reach a particular objective. There are four types of teams that carry different level of effectiveness. They are: a working group, a pseudo team, a potential team, and a real team. In a working group, there is no work or opportunity to engage in that requires a mutual effort, so their performance is strictly based on each own member’s contribution and what they bring to the table. In a pseudo team, the member’s don’t focus on collective performance or have no interest in shaping a common purpose, so their work is poor. In a...

Words: 1091 - Pages: 5

Free Essay


...taken into consideration before coming up with the final solution. Was there conflict? If so, how did the conflict get resolved? Was it resolved at all? There was no conflict. To what degree did your planning include input from all members? Initially, it seemed we were all confused of the project paper, but as soon as we understood what was required, we all did our parts effectively and ready to help anyone that needed help or clarification. Did you feel like your ideas were heard? Did you get “shot down”? Yes, I felt and I knew that my ideas were heard. I was never got shot down. No one was ever shot down. How was the work assigned to the team? Did those assignments work? If not, how (and why) did you re-organize the work? Each member was allowed to review and select their area of specialty or topics they feel comfortable to work on. Yes, the assignments worked. Overall, what factor(s) contributed to the success of your team? I think we all trusted and communicated well with each other. We also understood that we were working on achieving a collective goal or result. We all committed to our assignments and discussed on ideas. What are lessons do you take away from working...

Words: 390 - Pages: 2