Bus law Case Study Example | Topics and Well Written Essays - 2500 words

Bus law - Case Study lessonThe Verbal Negotiations Winston Graham, a partner of antic dealers, went to Daly Car Sales Ltd., a commercial vehicle dealer, to procure a van after one of their three pitch vans was written-off in an an accident. Graham conveyed that he was in search for a replacement vehicle that can load up to 1 ton and a solid capacity of 200 feet. He also explained that the vehicle will be maximized for regular delivery of furniture, their business, and that the average journey would involve normally four or fine large items of furniture. Immediately, Alan Daly retorted that there was an ready(prenominal) van that will befit Graham needs. He was referring to a White Transit XL which he warrants as a van with capacity to run at a distance of 48,000 miles on the time and the storage capacity suitable enough for delivery of furniture. ... The asking harm was L4,800 (plus VAT) but Winston counter-offered a price of L 4,500 (plus VAT). Mr. Daly finally accepted Winst ons offer and they proceeded in signing the contract of cut-rate sale, the latter was a standard form contract, the nature of which implied take it or leave it concept. Daly wrote White, Transit XL, 48,072 miles as details of the object lens of the contract. A week after the delivery of van, the firms driver reported a expert oil leak and a technical problem with its clutch. These problems were conveyed to Mr. Daly via telephone who assured Graham that his company would look into the problem if it will be returned to them before the end of the week. Graham failed to follow Dalys advice following serial publication of delivery schedules. Said van collected five antique desks and other heavy items which reached approximately the weightiness of 1 ton, just when its brake failed to stop the vehicle at a junction. Luckily, they were able to escape achievable accident. But such experience made the driver decide not ever to use the smart van for deliveries and collection to evade pos sible circumstance that an accident could happen anytime vans faulty engine and brake. The firm however used the van for light duties until it finally came to a halt. After consummate(a) mechanical inspection, it was reported that the van necessitate complete replacement of engine and of clutch. Report also uncover that the damage is attributable to constant loss of oil. The vans total repair will represent more than L 1,000. While at this state, Graham discovered that the vehicle has only a cubic capacity of 150 feet and a load of half a ton. The Exclusion Clause The contract of the sale of van had an exclusion clause under Clause