Summary
Under contract law, goods must be of satisfactory quality. If a product is faulty, consumers can seek an exchange or refund, regardless of store policies. The Sale of Goods Act ensures protection against defective items, allowing buyers to demand remedies even if a store has a limited exchange timeframe.Full Conversation
how about salman said
Hi there! Here's a quick IRAC breakdown for Nimali's situation:
Issue:
Can Nimali demand an exchange for the blouse with a hole, despite the store's three-day exchange policy?
Rule:
- Under contract law, particularly the Sale of Goods Act, goods sold must be of satisfactory quality, fit for purpose, and as described.
- If goods are found to be faulty or not as described, the buyer has the right to a repair, replacement, or refund.
Application:
- Nimali discovered a defect (hole) in the blouse within three days.
- The defect implies the blouse was not of satisfactory quality.
- Despite the store's exchange policy, the Sale of Goods Act protects consumers against faulty goods.
Conclusion:
Nimali is entitled to an exchange or refund under the Sale of Goods Act, regardless of the store's three-day policy, as the blouse was faulty.
Do you need more details or have another question?
iii. Sama received Rs. *,*.* from her mother for monthly expenses. She started a relationship with a boy from the same village and Sama’s parents were not happy with it and wanted her to end the relationship and focus on higher education. Due to this issue, Sama’s parents were concerned about her expenses and decided to provide a very limited amount that would be enough for her transportation expenses and educational expenses. Sama continued the relationship and wanted to take legal action against her parents for not providing enough money for her monthly expenses.
(* marks)
Sama's situation involves family and contract law. Here are some general points to consider:
- Parents are not legally obligated to provide an adult child with monthly expenses unless there is a specific legal agreement or court order.
- Family obligations vary based on local laws and individual circumstances.
A relevant question: What is Sama's age, and is there any existing legal agreement regarding monthly support from her parents?
i want answer irac method use contract law
Let's use the IRAC method for Sama's situation involving contract law:
- Issue:
Can Sama take legal action against her parents for not providing enough money for her monthly expenses?
- Rule:
- Contract law generally requires an agreement between parties that creates mutual obligations enforceable by law.
- Family law principles may vary, but typically parents are not legally obligated to provide financial support to an adult child unless stipulated by a legal agreement or court order.
- Application:
- If Sama is an adult and there is no legal agreement or court order requiring her parents to provide monthly expenses, then her parents are not legally bound to support her financially.
- Sama's parents' decision to limit financial support due to concerns about her relationship and educational focus does not breach any enforceable contract unless an agreement exists.
- Conclusion:
Sama is unlikely to succeed in a legal action against her parents for not providing sufficient monthly expenses unless she can demonstrate an existing legal agreement or court order requiring such support.
Do you need more details or have another question?
*. Discuss the legal implications of the following events with reference to the relevant legal principles and case law.
i. Uttari, a woman in her seventies and completely illiterate, executed a gift deed of her residential flat, the market value of which was Rs. * million, and transferred it to her son-in-law Ramesh, who managed her affairs. The wife of Ramesh, a lawyer, advised her to transfer the flat to Ramesh, preventing others from coming out. Ramesh verbally promised her safe employment during her leisure time. Ramesh then sold the property to a buyer who was not aware of the true facts of the above. Advise Uttari. use irac
Western Province Legal Aid Society
Phone: (*) *-*
Address: * Main Street, Western Province
Website: www.wp-legalaid.orgSure, let's analyze Uttari's situation using the IRAC method:
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Issue: Can Uttari challenge the validity of the gift deed and subsequent sale of her flat?
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Rule: - Under contract law, consent must be free and not influenced by undue influence, fraud, or misrepresentation.
- Section * of the Property Law Act covers undue influence, especially in relationships where one party is dependent on the other.
- Case law: Williams v. Bayley [*] and Allcard v. Skinner [*] on undue influence.
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Application: - Uttari, being illiterate and dependent on Ramesh, may have been under undue influence.
- The advice from Ramesh's wife and Ramesh's promise, which was not fulfilled, suggest manipulation.
- The buyer's lack of knowledge does not protect the transaction if undue influence can be proven.
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Conclusion: Uttari may have grounds to challenge the gift deedand the subsequent sale, potentially voiding the transactions due to undue influence.
Is there anything else you need help with?
Samatha, a supporter of a leading political party, threatened to kill Rochelle's daughter and persuaded Rochelle to enter into a sales agreement to transfer her lucrative clothing business to Samatha's son. Advice Roshe!.
- Issue:
Can Rochelle challenge the validity of the sales agreement induced by Samatha's threats?
- Rule:
- Under contract law, an agreement must be entered into freely and voluntarily.
- Contracts entered into under duress (threats of harm) are voidable.
- Duress includes threats of violence or undue pressure to coerce agreement.
- Application:
- Rochelle was threatened with harm to her daughter, which constitutes duress.
- The threat influenced her to enter into the sales agreement against her will.
- Conclusion:
Rochelle can challenge the sales agreement on the grounds of duress, making the contract voidable.
Would you like more specific guidance or have other questions?
(* marks)
iii. Home Happy Home, a construction company engaged in the construction and sale of apartments, is planning to construct a *-unit apartment complex in the heart of Colombo. The company informed its prospective buyers that it had already received 'COC' approval from the relevant authority. The company received advance payments from the buyers for * apartments. However, it later emerged that 'COC' approval had not been granted. Advise the buyers.
(* marks)
- Issue:
Can the buyers take action against Home Happy Home for misrepresenting that 'COC' approval was granted?
- Rule:
- Under contract law, misrepresentation occurs when false statements induce a party to enter into a contract.
- Buyers can seek remedies like rescission (canceling the contract) and damages if misrepresentation is proven.
- Application:
- Home Happy Home misrepresented obtaining 'COC' approval.
- Buyers relied on this information when making advance payments.
- Conclusion:
Buyers can potentially rescind their contracts and claim damages for any losses incurred due to the misrepresentation.
Would you like more specific details or have another question?
(* marks)
ii Amaali came across a 'Merigram' booklet through an agent who sells 'Merigram' products. The latest booklet of "Merigramm" contained attractive details about their beauty products and Amaali was interested in a hot red lipstick and a perfume that she wanted to gift to her boyfriend as a birthday present. She ordered the goods and paid the agent. When the products were delivered to her, she noticed that the lipsticks did not contain the exact weight as described in the booklet. The inspector given in the booklet.
Advise Amaali on the remedies available to her under the law relating to the sale of goods in Sri Lanka in relation to the relevant statutory provisions and case law.
Sure, let's break down Amaali's situation using the IRAC method:
- Issue:
Can Amaali seek remedies for the lipstick not matching the weight described in the 'Merigram' booklet?
- Rule:
- Under the Sale of Goods Ordinance in Sri Lanka:
- Goods must correspond with the description given at the time of sale (Section *).
- Buyers are entitled to goods of satisfactory quality (Section *).
- Application:
- The lipstick did not match the description in the booklet.
- This constitutes a breach of the implied condition that goods must correspond with their description.
- Amaali can claim that the product is not of satisfactory quality as described.
- Conclusion:
Amaali can seek remedies such as:
- Rejecting the goods and requesting a refund.
- Requesting a replacement with goods that match the description.
- Claiming damages for any loss suffered due to the misdescription.
Would you like more details or have another question?
*. i. Suppose you have been invited to a panel discussion to talk on 'Consumer Awareness and Consumer Rights'. Prepare a brief outline of your talk with relevant illustrations or practical examples.
Here's a brief outline for your panel discussion on "Consumer Awareness and Consumer Rights":
*. Introduction
- Definition of consumer rights.
- Importance of consumer awareness.
*. Legal Framework
- Overview of relevant laws (e.g., Consumer Protection Act).
- Key rights: right to safety, to be informed, to choose, and to be heard.
*. Common Issues
- Faulty products: Example - Nimali’s blouse with a hole.
- Misrepresentation: Example - Buyers of apartments with false 'COC' approval.
*. Remedies and Actions
- Returning faulty goods.
- Seeking compensation for misrepresentation.
- Case law examples: Williams v. Bayley (undue influence).
*. Practical Tips
- How to file a complaint.
- Keeping records of transactions.
- Contacting consumer protection organizations.
*. Conclusion
- Empowering consumers with knowledge.
- Encouraging proactive measures for protection.
Would you like to delve into any specific points or need more examples?
i.
Pahan and Sahan were close friends who wanted to start a business right after finishing their university studies. They had a few good friends who were also interested in business. However, none of them had any idea about the best way to run a business. One of them contacted you to get an idea. Give him advice by explaining the advantages and disadvantages of the ways of running a business in Sri Lanka. You need to provide general guidance on the registration process and its implications.
Sure, here’s a brief overview of the different types of business structures in Sri Lanka and their advantages and disadvantages:
Sole Proprietorship
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Advantages: - Simple and inexpensive to establish.
- Complete control over business decisions.
- Fewer regulations.
-
Disadvantages: - Unlimited liability for debts.
- Harder to raise capital.
- Limited business continuity.
Partnership
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Advantages: - Easy to form.
- Shared financial commitment.
- Combined skills and expertise.
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Disadvantages: - Joint and several liabilities.
- Potential for disputes.
- Shared profits.
Private Limited Company (Pvt Ltd)
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Advantages: - Limited liability for shareholders.
- Easier to raise capital.
- Separate legal entity.
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Disadvantages: - More regulations and compliance.
- Higher setup and maintenance costs.
- Reduced control compared to sole proprietorship.
Public Limited Company (PLC)
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Advantages: - Ability to raise capital from the public.
- Limited liability for shareholders.
- Enhanced credibility.
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Disadvantages: - Extensive regulations and disclosure requirements.
- Highersetup and operational costs.
- Greater scrutiny from regulatory bodies.
Registration Process:
*. Name Approval: Apply for name approval from the Registrar of Companies.
*. Document Submission: Submit required documents (e.g., Articles of Association, Form *) to the Registrar.
*. Obtain Certificates: Obtain Certificate of Incorporation.
*. Tax Registration: Register for tax (TIN, VAT) with the Department of Inland Revenue.
*. Other Permits: Obtain any necessary business licenses and permits.
Would you like more information on any specific business structure or process?
"Various factors should be considered in determining the intention of the parties as to the time at which property in different types of goods passes from the seller to the buyer."
In view of the above, explain how the current law addresses the above situation. You should cite the relevant provisions of the Sale of Goods Ordinance No. * of *.
(* marks)
Under the Sale of Goods Ordinance No. * of *, the intention of the parties regarding the transfer of property in goods is critical. Key provisions include:
- Section *: Specific goods in a deliverable state - property passes when intended by the parties.
- Section *: Unascertained goods - property passes when goods are ascertained and appropriated to the contract.
- Section *: Future goods - property passes when goods are unconditionally appropriated to the contract.
Would you like more details on any specific provision?
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