Commercial Law Essay Example | Topics and Well Written Essays - 2000 words

Commercial Law - Essay Example Before it could have been done, the wine cooling cabinet was damaged by vandals. The damage that was made after the contract of sale was beyond the control of Abraham as he could have done nothing to stop it. Therefore, the goods that formed subject matter of the contract perished before the risk passed to the buyer without any fault of either the seller or the buyer. S. 7 of Sale of Goods Act (SOGA), 19791 states that, â€Å"Where there is an agreement to sell specific goods and subsequently the goods, without any fault on the part of the seller or buyer, perish before the risk passes to the buyer, the agreement is avoided.† Also, by the application of S.18 (Rule 2)2, the cabinet was never put into a deliverable state and the property in it stayed with Abraham. Therefore, the agreement between Abraham and Brooke Ltd would be avoided and Abraham would have no liability to Brooke Ltd under this agreement. Against Charlie Abraham offered Charlie to sell three dozen bottles of 19 67 Chateau Trent red wine. Charlie accepted this offer right away as the price offered by Abraham was very good. At that time, Abraham did not know that the vandals who broke into his warehouse had stolen one dozen bottles of 1967 Chateau Trent red wine. ... But it would not be a fair result because only a part of goods, one dozen bottles out of three dozen, were stolen and the rest is still in a deliverable state. These bottles can be delivered to Charlie. The application of Sainsbury v Street5 can give us a fair and a flexible result. In this case, the parties made a contract before the harvest in which the seller agreed to sell his entire crop to the buyer. The actual crop yielded much less than the estimated due to bad weather. The seller, therefore, sold majority of his crop to another buyer and sold the rest to the original buyer for a much higher price. It was held that the seller was liable to pay damages to the buyer because a lower tonnage was not produced due to any fault of the seller and none of the parties had anticipated this. By the application of Sainsbury v Street, Abraham would have to deliver the rest of the bottles at the same price to Charlie if Charlie agrees to pay the same price for two dozen bottles because none of the parties had anticipated a theft. Abraham is not absolved of his performance of the contract. Against Dinsa On Wednesday, Dinsa, the owner of a local florist’s shop, purchased a dozen bottles of French champagne from Abraham and paid in cash. She made payment when Abraham told her that he had plenty of French Champagne in stock. The property in bottles had not passed to Dinsa at the time of payment because the bottles had not been appropriated for her under S.18 (Rule 2) of SOGA. Abraham promised to deliver the bottles to her. On Thursday, he duly loaded a dozen bottles of French champagne on to a lorry owned by a local independent carrier which means that he appropriated the goods for

Annotated Outline and Bibliography Assignment Example | Topics and Well Written Essays - 1250 words

Annotated Outline and Bibliography - Assignment Example In the military, leaders are in place to train new leaders and in business the means for teaching leadership is not different. As the Chief Executives within an organization, their influence is something that people look up to for guide on how the daily operation should run. Influence is the active relationship among people; however, also inherent in this definition is the concept that influence is multidirectional and noncoercive (Draft and Lane, 2008). A governing board is put together to run as a unit in order to get the job done, but the current means of getting that done is illustrated through the leadership on the board. The means of how one leads can also become a problem, especially if that management style is one that micro manages employees. Communication plays a pivotal part when examining quality issues within an organization. In regards to communication, the lack of proper channels to relay information is one of many problems within RHC. Current leadership lacks the skill especially to professionally transmit verbal communication. This book characterizes a number of the finest methods, organization, and outcomes for various key areas of management in a healthcare organisation. According to the author, the manager has to apply a number of processes and designs to ensure quality in the organisation. These include open systems, community-focused strategic management, and continuous improvement are discussed along with issues such as personal and public health, patient motivations, and safe, effective, efficient patient care. The governing board is important based on its mission and vision, budgeting, quality, membership, board performance, compensation, effectiveness, and legal issues regarding board membership and authority. Basing on the decision theory used to constitute a clinical quality improvement model, RHC may implement protocols to improve the quality of healthcare in accordance with realistic