Commercial Law Principles And Policy 1st Edition Nicholas Ryder, Margaret Griffiths, Lachmi Singh - Solutions

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Amir, a football manager with an interest in racing horses, decided to buy a stallion, Eros, from Ned. During negotiations for the sale, Amir told Ned that he wished to race Eros for 5 years and then retire him for breeding purposes, whereupon Ned said: ‘He’s a great runner and as regards to
Miss Fit owns a hotel which offers ‘Tone-up Weekend Breaks’ for clients who wish to improve their health and fitness. The hotel brochure lists a swimming pool, sauna, steam room and a hot tub amongst their amenities. Worryingly, she received a letter of complaint from Max Moan, who claimed that
Pat owns a health club and employs Al as her general manager. Al’s duties include ordering supplies for the club including food and drink for the bar. She also allows several fitness instructors to use her facilities to run classes. All of the instructors use the equipment provided by the club,
Josh is a beekeeper and was interested in purchasing bees from Hive Suppliers Ltd (HSL). He visited HSL and told the Sales Manager, Queenie, that he was building up a colony and wished to purchase around 100,000 bees. He also told her that it was important that the bees were free from disease and
Mr Plant bought a shrub recommended by the Everlasting Garden Centre, as he needed a quick-growing, ground-covering shrub for the botanical garden where he worked. He used his trade discount card to pay for them. The plants he had left over, he planted in his own garden back home. Unfortunately,
X emailed Y on Friday 13 May stating: ‘I have 20 bags of coffee beans for sale at£1,000, acceptance to me in writing by 20 May.’ Y received the email on 13 May and immediately emailed X stating: ‘I accept, can I pay by 5 monthly instalments of £200?’ The email arrived during normal office
The consumer, unlike some classes with claims on public bounty, is everyone all the time.’ (The Moloney Committee on Consumer Protection (1961).)In light of statute and case law on consumer protection in commercial transactions, discuss the above statement.
What pre- and post-contract information must be provided by a creditor to a debtor under the Consumer Credit Act 1974?
How were the main recommendations of the Crowther Committee implemented by the Consumer Credit Act 1974?
What is irresponsible borrowing?
What is irresponsible lending?
What are the factors which have contributed to the record levels of consumer debt?
How has the consumer credit market evolved over time?
Discuss the measures to combat the financing of terrorism.
What constitutes fraud?
What is market abuse?
What is money-laundering?
Outline the approach towards banking regulation adopted by the Banking Conduct of Business Sourcebook.
What is the significance of the decision in Tournier v. National Provincial Union Bank of England?
What is a customer? How has this definition been impacted by the FSA?
Briefly outline the judicial attitude towards the definition of a bank. Does this approach take into account modern banking practices?
What is the Coalition government’s policy towards banking regulation?
Why was the Financial Services Authority created in 1997?
Given that the 2001 Report suggested that the EC Directive is working effectively, consider the advantages and disadvantages of using it throughout the European Union to replace all national legislation dealing with productrelated claims.
Compare and contrast the approaches taken to strict liability in the United Kingdom, the Strasbourg Convention and the EC Directive.
Consider the approach to strict liability taken in the United States and the apparent change in emphasis in the most recent version of the Restatement of Torts.
Analyse the different types of defect and how each might occur.
Analyse the supposed advantages of strict liability over negligence.
Analyse the standard of care and the need to prove a failure to comply with that standard.
Does the neighbour principle adequately identify those who should have a valid tortious claim?
Consider the scope of the duty of care in product liability both in terms of the people who owe the duty and the breadth of situations in which it will arise.
Consider the relationship between negligence, product liability and contract as forms of remedy for product-related injuries.
Explain the shipper’s liability for statements made in the bill of lading.What is the effect of such statements on the consignee?
What are the advantages and disadvantages of using advanced freight?
What is meant by ‘full and complete cargo’? Can an alternative cargo be provided?
What is meant by ‘safe ports’? Will any type of hazard render the port unsafe? At what times must the port be safe?
What are the main characteristics of a time charter?
What are the consequences where the charterer exceeds the allocated laytime? What if the shipper completes his loading duties with laytime remaining?
What is meant by laytime? In what circumstances would laytime be suspended?
In a voyage charterparty, when is the ship deemed an ‘arrived’ ship? Why is this important?
What is the period of liability under the Rotterdam Rules? What are the problems that arise under this approach?
‘The system of presumed fault of the carrier has hindered widespread acceptance of the Hamburg Rules.’ Analyse and discuss.
What is the shipper’s obligation with regard to dangerous goods?
What are the rights and obligations of the parties under the Hague-Visby Rules?
Why is Article IV(2)(a) considered controversial?
What is the obligation not to deviate from the agreed route?
What is the obligation to care for the cargo under Article III(2)? What is the relevance, if any, of the carrier’s knowledge?
What is the nature of the duty to provide a seaworthy vessel?
What types of contracts are covered by the Hague-Visby Rules?
‘The period of liability under the Hague-Visby Rules is insufficient to deal with the needs of modern transport.’ Discuss with reference to the case law.
What is the main factor in deciding what type of contract to use?
Identify the main differences between factoring and forfaiting. In what circumstances will the parties choose the latter option?
Discuss the nature and purpose of factoring as a means of financing international trade. What types of transactions is this method of payment most suited to?
‘The UCP 600 fails to provide adequate protection in cases of fraud.’Critically analyse this statement with reference to the case law.
Explain why the courts are reluctant to interfere with the letter of credit mechanism. Does this leave the innocent party without a remedy?
How has the UCP 600 improved the law on letters of credit in comparison with its predecessor?
Review the cancellation provisions of the Consumer Protection (Distance Selling) Regulations 2000 and analyse whether they achieve an appropriate balance between the protection of the consumer and the rights of the trader.
Consider whether the information requirements of the Consumer Protection (Distance Selling) Regulations 2000 are sufficiently comprehensive to allow the consumer to contract with confidence.
Do the Electronic Commerce (EC Directive) Regulations 2002 ensure that, when contracting online, both parties have sufficient information to know both whether a contract has been concluded and, if so, upon what terms and conditions?
Analyse whether the requirements of the Electronic Commerce (EC Directive) Regulations 2002 are adequate to allow a purchaser to identify and contact the person from whom he has bought acquired goods or services and to know whether that person is a trader or a private seller.
Consider the impact of Internet trading in the last twenty years and the legislation needed to address this new form of trading
Consider the strengths and weaknesses of codes of practice in promoting good practice among traders and in protecting the users of services.
Consider how the provisions of the Unfair Contract Terms Act 1977 impact upon liability for a breach of sections 13–15 of the Supply of Goods and Services Act 1982.
Consider whether the implied terms of care and skill, time for performance and consideration together provide a suitable level of protection for the users of services.
Consider the factors to be taken into account when deciding whether a service has been provided within a reasonable time.
Analyse the relationship between the implied term of care and skill under section 13 and the law of negligence.
Review the main requirements of the law of negligence as they apply to services.
Compare the implied conditions in Part I of the 1982 Act with those contained in sections 12–15 of the Sale of Goods Act 1979.
Analyse how the introduction of the Provision of Services Regulations 2009 has improved the position of service recipients.
Analyse the requirements of the 2009 Regulations regarding dispute resolution systems and the requirement for the provision of a complaints system.
Consider the scope of the additional information that must be provided to a service recipient on request.
Analyse the scope of the information that must be provided to a service recipient under regulation 8.
Analyse how the definitions of ‘service’, ‘provider’ and ‘recipient’ set the parameters for the scope of the Provision of Services Regulations 2009.
Consider the role of authorisation schemes in promoting cross-border trade in the provision of services.
Consider the scope of contracts for the provision of services and analyse which contracts do and do not constitute contracts for the provision of services.
Analyse whether the remedies available to the seller and buyer provide appropriate protection for both parties in the event of a breach of contract.
Review the statutory provisions governing the delivery of goods and payment for them.
Consider whether the nemo dat exceptions provide an acceptable balance between the protection of an innocent buyer and the legitimate rights of the true owner.
Analyse the relationship between the passage of property and the passage of risk.
Analyse how the provisions of sections 20A and 20B of the Sale of Goods Act 1979 have strengthened the position of the buyer of undivided shares in a bulk.
Consider the role of retention of title clauses in protecting the position of the seller, particularly in the event of the insolvency of the buyer.
Analyse the various ways in which property may pass under section 18 rule 4.
Compare and contrast the remedies available to consumer buyers and non-consumer buyers.
Analyse the methods through which acceptance can occur.
Consider whether the distinction between business buyers and consumer buyers as regards limitations and exclusions is an appropriate one?
Analyse the various categories of contract under which a purchaser or hirer can acquire the property in or possession of goods while not being subject to the Sale of Goods Act 1979.
Consider the impact of the European Union in the continuing development of the law governing the sale of goods.
Consider how legislation has been used to differentiate between business purchasers and consumer buyers. Is this legislative distinction valid?
Consider how the development of the law governing the sale of goods has reflected the rise of consumerism.
Consider the developments in the market for the supply of goods in the last thirty years and analyse the impact of those changes.
On what grounds may an agency agreement be terminated?
What is an undisclosed agency?
What are the obligations and duties of a commercial agent?
What are the rights of an agent?
What are the obligations and duties of an agent?
What is the difference between actual and apparent authority?
What is apparent authority?
What is actual authority?
What is the definition of a commercial agent?
How many different types of agents can you think of? What is the role of each agent?

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Commercial Law Principles And Policy 1st Edition Nicholas Ryder, Margaret Griffiths, Lachmi Singh - Solutions

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