Contract Law Essay Example | Topics and Well Written Essays - 1500 words - 2

Contract Law - Essay Example In a contract law, there are two types of terms that are the express terms and the implied terms. Express terms generally mean the terms that in specific have been mentioned orally or in writing and agreed upon by both parties involved in the contract during the time when the contract is being made. On the other hand, implied terms are different from expressed terms. Both parties may have not mentioned these implied terms in the contract. However, sometimes they are included because the contract would not make any sense commercially without them. The verbal agreement When buying the van, you stated that you wanted a van that could carry around four to five large items of furniture. You also stated that the previous van that you used to carry could handle loads of ton up to one tone and a cubic capacity of 200 feet. However, the seller did not meet the conditions that you stated. He stated that he had a van like this but it is clear evident that he did not meet your expectations. Acco rding to section 14(3) of the sales act of goods, it clearly states that if the buyer expresses his purpose of the goods understood to the seller, then it is the duty of the seller to make sure that the goods, which will be given, fit the purpose that is intended. It should be noted that if it is reasonable for the buyer to rely on the expertise of the seller then would the terms apply (Sales of Acts goods 1979). Therefore, the seller, who is Alan Daly, needs to compensate you for that. Additionally, in the verbal agreement, when you telephoned Mr. Alan Daly, he ascertained that he would look at the complications of the vehicle if it were delivered to him before the end of the week. This means that you had to deliver the vehicle before the week ended. However, you failed to do so. Instead, you did not telephone Mr. Alan Daly to notify him that you could not take the van to his garage and that you should both fix a suitable day for the vehicle to be examined. The written terms In the contract, it is evident that the seller, which in this case was Mr. Alan Daly, wanted to evade himself from problems, which he knew were to emerge eventually in the contract. In addition, he gave you the wrong capacity of the car. In clause 4(b), he stated, â€Å"any warranty or condition as to the condition, description, quality or fitness for particular purpose is hereby excluded from this contract for sale†. This is clearly evident that both parties, that is you, Mr. Winston and Mr. Alan agreed that there were no warranties of the car to be returned regardless of any major issue occurring. However, the verbal agreement that you had with Mr. Alan clearly out do the written terms (Atiyah et al. 2010). The oil leak It is obvious that Mr. Alan sold you a car that did not meet the requirements of the vehicle that you wanted. Concerning the oil leakage, upon you, Mr. Winston inspecting the vehicle, you noticed a small patch of oil on the forecourt where the van was standing. Ho wever, when Alan was asked, he said that the oil spill had occurred probably when they had topped up the oil and water levels when servicing the car. According to the report of the mechanic, it was reported that the oil leak might have caused this entire problem. However, a problem might occur here because Mr. Alan advised you to take the van to his garage to be serviced but you did not. However, this can be out ruled since when buying the vehicle, you explained to Mr. Alan that the vehicle would be used for delivering and collecting furniture’s and this was very crucial in the smooth running of your business. Mr. Alan should be in a position to repair for your vehicle that was all because of the oil spill since according to part v, it is clearly stated that the seller should be able to repair or replace the good in a reasonable time. Defective Clutch and brakes Mr. Alan sold the van knowing that it had these problems. Mr. Alan can be charged of murder because he sold you