Commercial Law Case Study

Commercial Law: Case Study

COMMERCIAL LAW: CASE STUDY

Introduction

A contract is usually made between the buyer and the seller during the buying and the selling of goods and services. This contract is made with regard to elements that exist such as agreement to buy or sell a product willingly, acceptance of the terms and conditions and transfer of responsibilities and risks from the buyer to the seller (Bradgate & Twigg-Flesner, 2003). However, the buyers of products must make sure that they completely adhere to the Act that governs the formation of contracts between buyers and sellers of goods by making sure that the goods sold meet the fitness for the purpose, they are of satisfactory quality and are as described by the seller during the formation of the contract (Bridge, 1998).

Elements of the formation of a contract between Ben and Alan

The contract that was formed between the avid drinker, Alan, and the sales person, Ben, can be looked at from different angles or points of view to bring out the binding factors and the law guiding the sales of products. In the case study, Alan insisted in taking vodka that is distilled in Russia and that exactly what Ben gave him. The fact that Ben explained the backgrounds of all the different brands of vodka at the liquor store puts Ben out of trouble because it was upon the buyer, Alan to choose which type of vodka to buy or not.

Another binding element of the contract between Ben and Alan is the receipt that Ben issued to Alan. The receipt clearly stated that the goods that were bought were under no condition going to be returned since once they are sold, they are not supposed to be returned. The most important aspect of the receipt was the fact that the receipt statement clearly clears the name of the seller (Eörsi, 1979) of the vodka since it clearly states that “The seller is not responsible of the safety of the products”. This means that whatever problem that befell Ben and his close friend after the...