推荐-商务契约关系1hnd 精品

商务合作契约范式模式样式商务合作契约一、合作目的与背景本合作契约旨在规范双方之间的商务合作关系，确立互相合作的权利和义务，达成互利共赢的目标。

二、合作主体甲方：（公司名称）地址：法定代表人：联系方式：乙方：（公司名称）地址：法定代表人：联系方式：三、合作内容1. 描述双方合作的具体项目或业务范围，包括但不限于：（1）提供产品或服务。

（2）共同研发新产品或服务。

（3）市场推广与销售相关事宜。

（4）其他合作内容。

2. 各方在合作过程中的具体责任和义务，包括但不限于：（1）甲方承担的责任与义务。

（2）乙方承担的责任与义务。

四、合作期限该合作契约自双方签署之日起生效，有效期为____年（具体年限）。

五、合作权益与利益分配1. 双方在合作中所获得的权益和利益的分配，由双方协商确定，并在本合作契约中明确表述。

2. 双方在合作期间发生的知识产权问题，由双方共同分享或协商解决。

六、合作费用与支付方式1. 合作费用的具体数额及支付方式，由双方在合作签订前达成一致，明确写入本合作契约。

2. 合作费用的支付时间和方式应根据合作进程的具体情况进行协商和确定。

七、违约责任1. 若双方中任何一方未履行本合作契约中的义务或违反合约约定，对方有权要求违约方承担相应的法律责任，并可解除本合作契约。

2. 对于因不可抗力因素导致的合作项目未能按时履行，双方应及时通知对方，并重新商定履行时间或调整合作方式。

八、保密协议1. 双方在合作期间及合作结束后均应对涉及商业机密、技术资料和合作细节等涉及到的信息予以保密。

2. 未经对方书面同意，任何一方不得向第三方披露或使用对方的商业机密和合作信息。

九、争议解决双方在合作过程中的任何争议应通过友好协商解决。

若无法协商解决，应提交至有管辖权的仲裁机构进行仲裁。

十、合作终止1. 任何一方可以在提前____个月书面通知对方的情况下解除本合作契约。

2. 合作终止后，双方应确保已完成的合作内容得到合理结算，并进一步确定合作终止后的其他事宜。

商务契约范本，规范合作关系商务契约是商业世界中一种非常重要的法律文件，用于明确商业合作双方的权利义务，并规范双方的合作关系。

通过合理的商务契约，可以为商业合作提供明确的指导，减少合作中的纠纷和风险。

本文将介绍商务契约的概念、作用和必要性，并提供一些常见的商务契约范本，以帮助读者更好地理解和运用商务契约。

什么是商务契约？商务契约是指商业合作双方通过协商达成的一种书面文件，用于明确双方的权利义务、合作条件和交付要求等重要事项。

商务契约可以是双方自行起草的协议，也可以是根据相关法律法规制定的标准合同模板。

无论采用何种形式，商务契约都应当具备明确、具体、可执行的特点，以确保合作的顺利进行。

商务契约的作用和必要性商务契约在商业活动中发挥着至关重要的作用，其主要作用有以下几点：1. 明确双方权利义务商务契约可以明确双方在合作中的权利和义务，防止合作关系中出现理解歧义或利益分歧。

通过明确约定各方的权益，商务契约能够帮助双方更好地理解自己的角色和责任，提高合作的效率和效果。

2. 规范合作流程商务契约不仅明确双方的权利义务，还规范了合作的具体流程和操作步骤。

商务合作通常涉及多个环节和部门，合作方通过制定合作流程，可以确保各个环节衔接顺利，提高合作的透明度和可控性。

3. 规避合作风险商务契约能够帮助合作双方识别和规避潜在的合作风险。

合同中通常包含风险分担、违约责任和争议解决等条款，为双方在合作过程中出现的纠纷提供了明确的解决途径，降低了合作风险并增加了合作的可靠性。

4. 保护商业利益商务契约有助于保护双方的商业利益。

合同中通常包括保密条款、知识产权等重要内容，确保商业机密和知识产权的安全性，防止不当流失和侵权行为，维护双方的合法权益。

5. 便于争议解决商务契约作为法律文件有法律效力，可以作为争议解决的依据。

当合作关系出现矛盾和纠纷时，若有完备的商务契约，就可以依照契约的约定进行协商、调解或诉讼，提高纠纷解决的效率和公正性。

Part 1Question 1:What is the difference between a contract of service and a contract for service? Contract of service•An employee-employer contract is a contract of service•is the term used when a person is considered an 'employee' of an organisation •Permanent employees have a contract of service with their employer. By definition, if a worker has a contract of service with an organisation, they are an employeeContract for services• A contractor-client contract is a contract for services•Relates to a person who is self-employed and who provides services to clients.A contract for services is a strictly business to business contract between two firms on a buyer and supplier basis. The client, or agency, is a buyer and the contractor’s limited company or Umbrella Company is the supplier. There is no question of any employment relationshipThe key rights and responsibilities of employee status under a contract of service.The worker is expected to work at a specific place during specific hours on specific days (even flexi-time has core hours). However, contract for service has not fixed time to do work.The worker must present themselves for work and cannot send someone else as a substitute. However, contract for service can taken place with other persons.Employees have statutory rights to holiday pay, sick pay, maternity and paternity rights and redundancy payments. However, contract for service has not holiday pay,sick pay, and so on.Employees have statutory rights regarding how they can be asked to leave their employment. On the contrary, contract for service has not these statutory rights.Employees enjoy a range of additional benefits, which can vary according to the employer, but might include company cars, private health insurance, staff canteens, health clubs and gyms and so on. On the contrary, it is unlucky that contract for service only has fixed wage.Employees are not personally liable for any errors they make when completing work for their employer, nor are they expected to make good in their own time. However, contract for service need to bear all of the responsibility when occur a accident at the work.There are three ways to test a person’s status•The integration test (综合测试）•The economic reality test （经济现实测试）•The control test （控制标准测试）•The totality of the working relationship is looked at in order to determine status so that individual knows whether they are or to what extent they are protected. As contract of services have more rights than contract for service. Cameron is belong to contract for service. Although, he wear suit code，and he also work in the other place at the same time. What’s more, at the busy, he could place to drive by his sister.Question 2:With reference to question 1 above, what kind of contract does Cameron have with tartan plc? Give reasons for your answer.According to Ready Mixed Concrete Ltd v Minister of Pensions and National Insurance (1968) reference has a relationship with the case one.The result of the case law is The Minister decided that Mr Latimer was employed under a contract of service.In his judgment, MacKenna J considered what is meant by a contract of service. He said “A contract of service exists if these three conditions are fulfilled.(i)The servant agrees that, in consideration of a wage or other remuneration, he will Provide his own work and skill in the performance of some service for his master. (ii) He agrees, expressly or impliedly, that in the performance of that service he will be subject to the other’s control in a sufficie nt degree to make that other master. (iii) The other provisions of the contract are consistent with its being a contract of service.In my view, Cameron is a contract for service. Owing to he is pertly free to refuse offers of work from the company and there is nothing in his arrangement with Tartan Transport PLC which prevents him from working for any other company. And sometimes make his sister on behalf of to work. Moreover, Cameron rights and interests enjoyed are few。

5.1.2 专题2 —货物买卖：所有权转移，合同的履行及违反所有权转移(Transfer of Property)在通过关于货物买卖的成文法之前，货物所有权在什么时候转移给买方由苏格兰普通法管辖，其规则为货物所有权在货物交付（delivery）时转移。

然而，成文法SOGA 1979 使苏格兰有了不同于其以前的所有权转移的规则。

该规则来源于英兰格普通法中关于有形动产的法律。

SOGA 1979中规定，货物所有权可以与货物交付分开而独立转移，例如在合同中约定货物所有权转移的时间。

在破产或清算中，当清算人或财产托管人与其他债权人同时对破产财产产生请求权时，上述所有权转移规则会变得尤为重要3。

相应的，如果货物产生灭失，其损失应由货物法律上的“所有者”来承担。

因为除当事人之间另有约定外，货物风险随所有权转移而转移（Risk passes with ownership）。

SOGA 1979第20条规定了两个关于货物风险转移的例外。

首先，当货物的交付由于卖方或买方的过错而被延迟时，货物灭失的风险由造成延迟交付的过错方承担。

其次，货物的买方或卖方在作为货物的管理人或运送人期间，仍对货物负有适当的注意义务（Reasonable Care）。

（在此期间，因作为货物管理人或运送人的一方没有履行其注意义务而致货物灭失的，由该方负担相应责任）。

你可能还能回忆起专题1中的两个概念：现存物（existing goods）和将来物（future goods）。

SOGA 1979还将货物分为特定物（Specific goods）和不特定物（unascertained goods）。

特定物在专3例如：当卖方将货物交付给买方占有但双方约定所有权尚不发生转移，如买方破产，则由买方占有的卖方先前交付的财产不能列入破产财产的范围，而应由卖方直接取回财产。

题1中也描述过其内容。

不特定物(unascertained goods)是指在合同成立时尚未指定并就其达成一致的货物。

Outcome 1From the case we know that Michael pushed an all weather jacket. Unlucky, there have something wrong with this jacket. After wearing for only one day the zip had broken and water had penetrated and he had felt cold. This jacket is the unqualified products and not sold by manufacturer’s description. The sale of goods Act 1979is the main piece of legislation helping consumer to seek protection when their purchases go wrong. Michael could protect himself rights through the sale of goods Act1979.The Sale of Goods Act 1979 protects the right of consumer. However, the act has been being modified and influenced by the followed legislation. Most notably of the subsequent legislation are the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumer Regulation 2002. In the section 2 of SOGA1979, contract sale is “a contract in which the seller transfers or agrees to transfer the property in good s to the buyer for a money consideration called a price.Michael needs to look at section 2 of SOGA 1979 and keep receipt or invoice of this jacket. The receipt or invoice show when Michael pay the jacket and get the jacket. This is sale not barter. Barter is use an item to replace another item, there is no money paid. It also can be the basis for Michael to protect his rights. In law, sale is a party obtains the ownership of goods then sold to another party. A contract can be in writing, be made orally, or party in writing and partly or orally.The section 12 of SOGA said that the seller must be the owner of the goods. If the seller does not have right of the goods and sells those goods, then the buyer would not gain a good title of goods. And if the third party has the ownership of the goods the buyer can not get the rights of the goods. The obligations from the section 12 can’t respected or astricted by the agreement under the Unfair Contract Terms Act 1977, as amended. Based on the decision from the case of Niblett Ltd v Confectioners Materials Co (1921) and McDonald v Provan (1960) consumers are successful to claim the seller breach the section 12 of SOGA.According to the section 13 of SOGA 1979 the seller to sell goods at the same time they must to fulfill their obligations. The seller to sell goods must fit himself description. It was held in the case of Roberts & Co &Yule (1896) and Grant v Australian Knitting Mills (1936) the sellers breach the section 13 of SOGA as the good not sold by description. The section 14 (2A) of SOGA rules that the seller sell good s must be fit for its purpose and have satisfactory quality. And the section 14 (2B) rules the goods must be appearance and finished, safety and durability. If not, you as the supplier are obliged to sort out the problem. In the case, the jacket is unqualified goods and not fits seller’s description. Michael can sue the seller.If the buyer have some special requirement about the goods they should tell the seller before buy the good. As mentioned above there is strict liability under section 14. Sothe buyer is unnecessary to prove the damage is caused by the seller.The claimant is entitled to have a legal action to against the defendant for the defendant goods (jacket) in terms of the sale of good Act 1979. So the seller could have s legal action to against Michael of his not clearly requirement. If buyer has some special requirement they should tell the supplier clearly before the section will apply.In this case Michael buys an unqualified jacket and the seller sold not by his description. Michael could claim the seller for breach section 13 and 14 of SOGA. In the case of Roberts & Co &Yule (1896) and Grant v Australian Knitting Mills (1936) the sellers breach the section 13 of SOGA as the good not sold by description. Michael could sue the seller to protect himself rights.Outcome2In this case Michael bought an expensive garden maintenance set included mower and the trimmer. He paid by credit from the credit company which normally provided finance for the shop’s customers. Few days later the mower and the trimmer break down and the shop is closing down.Michael could protect his rights through The Consumer Credit Act 1974. He needs to know something about the CCA1974. The CCA1974 rules that the company provide credit must have license. Company could apply for the; license in the OFT and hand in the apply table to the Director General. Applications for license are made to the Director General and have five years validity. If company provide credit without license is a criminal offence and will be result in imprisonment.The CCA 1974 gives consumer the right to settle a fixed sum credit agreement. If consumer needs to pay much money they should notices to the lender and paying the outstanding sum in full. In section 8 of the CCA 1974 a consumer credit agreement is defined as the creditor supplies the debtor with credit not exceeding￡25,000. a consumer hire agreement is defined in section 15 of the CCA1974 as an agreement made by owner of goods hire goods to other person and lasting for more than three months can’t require the hirer paid exceeding￡25,000. In this case is relate to consumer credit agreement not consumer hire agreement.Running account credit is said that the bank give debtors credit demand on up to an agreed credit limit. The credit include bank overdraft and some shop credit accounts. Fixed sum credit is said that the debtor can receives credit in a single sum or in instalments.The section 60 of CCA provides some rules for have a document. And it also was under the Consumer Credit Regulation 1983. The Consumer Credit Regulation 1983rules something seriously about the document. The document must contain the name and address of the parties and amount of the total charge for credit. There also should have amount and timing of each payment and the total amount payable. There need to provide details of any security to be provided by the debtor and details of any charges payable by the debtor if on default. In the first page must declare which type of agreement in this document. Last, the document must be signed and copies kept both debtor and creditor. Michael could provide the document to the judge.Under section 75 of the CCA 1974 both the creditor and the supplier are jointly and severally in fraud or breach of contract. Sometimes creditor is also the supplier of goods. If the supplier disappeared the consumer could claim the creditor to protect their rights. In this case the shop is closing down when the mower and trimmer break down. So Michael could sue the credit company which normally provided finance for the shop’s consumers.In this case Michael bought a expensive maintenance set included the mower and the trimmer. He paid by the credit due to the expensive. Few days later the mower and the trimmer break down and the shop is closing down. According to the credit company normally provided finance for the shop’s consumers Michael could claim the credit company to compensation his loss.Outcome3In this case, Michael buys the same set from another then he notices that the specification is different from the one displayed as a demonstrator. The electrical items were not as large and the hand held tools were fiberglass rather than the stainless steel.The Trade Description Act 1968 plays an important role in protecting consumer of goods and services through the criminal law. Michael could protect his rights through the TDA 1968. In section 2 of the TDA 1968 a trade description id defined as indirect or direct describe of goods.The fitness for purposes, strength and performance must include in the description. The description should have the date or place of manufacture, production and processing or reconditioning of the goods. The description need to introduce the quantity, size of the goods and the composition of the goods. In the description should have any other physical characteristics of the goods and other history of the including ownership or use. Another important point is to list any testing by any person and the results of such testing and any approval by any person or conformity with a type of approval.False description means misleading to a material degree. Relate to the case, Michael see the set displayed as demonstrator and buy it. Because of the displayed goods is a false description make Michael believe goods material. Michael could sue the seller false description. Based on the case of Wings v Ellis (1985) and the case of British Airways Board v Taylor (1985) consumers claim the seller for false description and breach of the section 14.In the section 14 of the TDA 1968 a false description is criminal offence for any person in a trade or a business. It included some situations. If someone make any statement which he knows to be false or reckless. The false description may be included the location, person by whom provided and amenities. The provision, nature and the time sometimes may be false. The false description also included manner in which and the approval, examination or evaluation of any person. In this case, supplier breach of section 14 due the false description. It will be a criminal offence.However the defendant is entitled to have a legal action to against the claimant, in section 24 of TDA 1968 called defence. The supplier may said that consumer give mistake or reliance information to him result in the defective goods. And that he has does his best to avoid take place this false description, due to consumer doesn’t tell him the details about clearly. Such as the requirement of size and material. Consumer should check up goods before out of the shop.In this case Michael purchased the garden good is not satisfied because it is different from the displayed one. Michael could sue the retailer for breach of section 14 of the TDA 1968, he should receive compensation. But the seller could defence because of consumer’s unclearly requirement lead to this mistake and he does his best to avoid this mistake. If retailer could provide strong evidence the defence may be successful. If not, the retailer must compensate the loss of Michael or give Michael the right size and composition goods.。

商务契约关系outcome2
第一章契约的定义与种类
契约是指双方当事人就某种事项达成的一致意见，经过法律程序的认可后具有法律效力的协议。

契约种类包括口头契约、书面契约、法定契约和约定行为契约。

第二章商务契约的要素
商务契约包括因合同产生的交易，因此其要素较为复杂包括契约对象、契约条款、契约标的、契约期限、契约价款等。

第三章商务契约的履行和解除
商务契约是双方当事人通过协商达成的合同，需要履行合同的内容。

如果在履行过程中出现问题，双方可通过合同中的解除条款来解除合同。

同时，被迫终止合同所导致的损失需由违约方承担。

第四章商务契约的争议解决方式
商务契约争议的解决方式包括调解、仲裁和诉讼。

其中，调解是一种比较流行的解决方式，但需要双方当事人达成一致；仲裁是一种公正、快捷的解决方式，但需要确定仲裁人；诉讼是一种最后的解决方式，但程序较为繁琐且费用高。

第五章商务契约管理和风险控制
商务契约管理和风险控制是商务交易中不可忽视的一环。

在契约签订之前，需要对双方当事人进行风险评估和背景调查；在契约执行过程中，需要进行风险监控和风险防范，确保契约条款的履行。

结论
商务契约关系在商业交易中具有重要的地位，要素、履行、争议解决、管理和风险控制是其中必不可少的环节，需要双方当事人充分了解并遵守相关规定，确保商务契约秩序的稳定与发展。

HND项目专业课程设置一览表中文名称学分英文名称Busin ess Law: An In troducti on 商法导论 1Bus in ess Con tractual商务契约关系 1 Relati on shipsBus in ess Acco un ti ng 商务会计 2Economic Issues: Anintroduction 经济学导论 1Man agi ng People and人力和组织管理 2 Orga ni sati onsCommuni cati on: An alys ing andPrese nting Complex 商务沟通技巧 1Communi cati onIntern ati onal Market ing: An国际营销导论 1 in troducti onIn ternati on al Market ing: The Mix 国际市场组合 1in formati on and Communi cati on商务信息与通讯技术 2 Tech no logy in Bus in essBus in ess Culture and Strategy 商务文化与策略 2Global Trade and Bus in ess:记分单元1 1 Graded Unit 11Econo mics 1: Micro and Macro经济学I :微观与宏观理论及其应用 经济学U :世界经济 1 财政预算 1 国际惯例 1 出口援助资源 1 出口 2 财务报表分析 2 国际物流2 国际商业组织2Theory and Applicati onEcono mics 2: The World Economy Prepari ng Finan cial Forecasts Intern ati onal In stituti ons Sources of Export Assista nee Export ingFinancial Reporting and Analysis Intern ati onal LogisticsGlobal Bus in ess Orga ni sati onsGlobal Trade and Bus in ess:记分单元2 2Graded un it 21国际理财Finan cial Services课程设置英文名称Busin ess Acco untingBusin ess Law: An In troducti onCommuni cati on: An alys ing andPrese nting Complex Communi cati onCreati ng a Culture of CustomerCareEcono mic Issues: AnIn troducti onFinan cial Sector: AnIn troducti onIn formati on Tech no logy: Applicati ons Software 1 Man agi ng People and Orga ni sati onsMarket ing: An In troducti on中文名称学分商务会计 2 商法导论 1商务沟通技巧 1 客户服务文化构建 1 经济学导论 1 金融业导论 1信息技术应用软件1 I人力和组织管理 2 市场学导论1Personal Finan cial Services 个人理财服务保险原理 1记分单元1 1经济学U :世界经1济国际贸易融资2 金融服务业规范 1所得税1信息技术应用软件1n投资学 2 养老金规划 2 个人和商业信贷 2 财政预算1记分单元2 1记分单元31Prin ciples of In sura nee Finan cial Services: Group AwardGraded Unit 1Econo mics 2: The World EconomyFinancing Intern ati onal Trade Finan cial Services Regulatory Framework In come TaxIn formati on Tech no logy: Applicati ons Software 2 In vestme nt Pension Provisi onPersonal and Commercial Lending Prepari ng Finan cial Forecasts Finan cial Services: Group Award Graded Unit 2Finan cial Services: Group AwardGraded Un it 3。

商务合作契约模板合约编号： [合约编号] [合约编号]签订日期： [签订日期] [签订日期]甲方： [甲方名称] [甲方名称]地址： [甲方地址] [甲方地址]联系人： [甲方联系人] [甲方联系人][甲方电话] [甲方电话]乙方： [乙方名称] [乙方名称]地址： [乙方地址] [乙方地址]联系人： [乙方联系人] [乙方联系人][乙方电话] [乙方电话]背景甲方拥有[甲方的业务或资源]，乙方拥有[乙方的业务或资源]，双方希望通过合作共同实现业务发展，达到互利共赢的目标。

合作内容1. 甲方将提供以下资源或服务：- [详细描述甲方的资源或服务]- [详细描述甲方的资源或服务]2. 乙方将提供以下资源或服务：- [详细描述乙方的资源或服务]- [详细描述乙方的资源或服务]合作方式1. 合作期限：本合作协议的有效期为[合作期限]，自签订之日起计算。

2. 合作地点：双方在合作过程中的具体工作地点为[合作地点]。

3. 合作方式：双方将按照合作协议约定的方式进行合作，保障合作的顺利进行。

合作利益分配1. 根据合作成果和贡献，双方将按照约定形式进行合作利益的分配，具体分配方式如下：- [详细描述合作利益的分配方式]- [详细描述合作利益的分配方式]2. 双方同意在合作过程中公平合理地分配利益，确保达到互利共赢的目标。

保密条款1. 双方同意在合作过程中保密双方所涉及的商业、技术和财务信息。

2. 双方不得向第三方透露或泄露对方的商业机密或合作信息，除非获得对方的事先书面同意或法律另有规定。

3. 在合作关系终止后，双方仍应保持对方所涉及的保密信息的保密性。

违约责任1. 若双方任何一方未履行合约规定的义务或违反合约规定，应承担违约责任。

2. 违约方应向守约方支付违约金并赔偿因违约给守约方造成的损失。

合同解除1. 双方一致同意，可在以下情况下解除合同：- 一方违反合同条款并且不能在合理时间内解决；- 法律法规或政府部门要求解除合同；- 双方协商一致解除合同。

CASE 1： QI: Is Maggie entitled to bring a legal action against Thunderbolt & Lightning for selling her a defective tumble dryer and will it matter that she purchased the goods in a sale 1. Yes, Maggie is entitled to bring a legal action against Thunderbolt & Lightning forselling her a defective tumble dryer in terms of the Sale of Goods Act 1979 (as amended)・2. Thunderbolt & Lightning wi11 be in breach of Section 14 of the 1979 Act. The store hasbroken one of the implied terms of the Sale of Goods Act 1979 (Sections 12-15) which are always assumed to form part of every contract of sale ・Section 14 also states that goods will be of satisfactory quality if they meet thestandard that a reasonable person would regard as satisfactory, takingaccount of any description of the goods, the price (if relevant) and al 1 the other relevant circumstances ・ Section 14 lists five examples of quality thatto help them decide whether the goods that they have purchased expectedstandard of quality ： fitness for al 1 the purposes for which goods of the kind in question arecommonly supplied appearance and finish freedom from minor defectssafety durabi1ityThe tumble dryer is not fit for its purpose, it is unsafe and it is not durable ・ The protection which Section 14 gives to buyers is only applicable in situations where the seller is selling the goods in the course of business ・ Maggie, of course, has purchased the goods from a business seller ・4. Will it make a difference that Maggie purchased the goods in a sale No. The onlyexceptions will be when detects were specifically drawn to the buyer* s attention by the seller ・ Furthermore, if the buyer examined the goods before purchasing them and noticed any obvious defects, she/he will not have the protection of Section 14.5. More generally, the buyer" s claim that goods were not of satisfactory quality will bedefeated if the goods have been subject to wear and tear, the buyer has misused the goods or the buyer now has simply taken a dislike to the goods ・6. Section 48A(3) of the Sale of Goods Act 1979 now states that there will be a strongpresumption operating against the seller that if the goods develop defects within six months from the date of delivery to the buyer ・ Then they wil 1 probably have failed to meet the requirement of satisfactory quality.7. Candidates must be able to cite at least one of the fol lowing ：Jackson v Rotax Motor and Cycle Co [1910]Grant v Australian Knitting Mills Ltd [1936]Mash and Murrel 1 v Joseph I Emmanuel [196/], [1962]Bartlett v Sidney Marcus Ltd [1965]BS Brown & Son Ltd v Craiks Ltd[1970] M 订lnrs of Falkirk v Turpie [1976]3. buyers can use fall be1ow theQ2: What legal action, if any, can Charlie pursue as a result of the injuries that he has suffered1.Charlie will not be entitled to bring an action under Section 14 of the Sale of GoodsAct 1979, because he does not have a contractual relationship with Thunderbolt & Lightning.2.Chari ie is in a much stronger legal position thanks to Part I of the Consumer ProtectionAct 1987 which allows him to pursue a civil claim for damages against the nuinufncturer of the tumble dryer in respect of his injuries・ Part 1 of the Consumer Protection Act establishes a regime of strict 1iability in relation to defective products which cause damage to other property and/or injuries to people who were injured as a result of using the product or who came into close contact with the product・Strict liability automatically presumes that the defect in the product must be the fault of the producer of the goods・ The numufncturer must come up with a credible explanation to show why she/he is not to blame for the injuries or loss that the pursuer (Chariie) has suffered ・3.The 1987 Act applies to dangerous products which are capable of causing damage to thepursuer? s property or capable of causing the pursuer to suffer some sort of personal injury・ The fact that the product is not working properly will not give a pursuer the right to raise an action against the defender・Many products are defective without being dangerous in any way.Q3: Do you think that ThunderboIt & Lightning w订1 be able to escape liability to Maggie by claiming that the manuFacturer was responsible for the defects in the goods1.No. Thunderbolt & Lightning' s attempt to escape liability to Maggie by claiming thatthe manufacturer was responsible for the defects in the goods wi11 fall foul of the concept of strict liability in the Sale of Goods Act 1979・2.The buyer* s contract is with the seller and it is irrelevant to the buyer whether thedefect has been caused by a facturing fault or not・ The seller f s liabi 1 ity is said to be strict in the sense that the buyer does not have to prove fault or blame on the seller* s part.3. A seller can in turn sue the manufacturer for supplying it with defective goods if thebuyer has successfully sued him/her for defects in the goods・The buyer may have suffered a personal injury or his/her property may have been damaged as a result of using the defective goods・ The seiler wi11 have to compensate the buyer for any injuries suffered or any damage caused as a result of using the goods・ So. compensation could be awarded for the destruction caused to Maggie J s kitchen and clothing in the appliance at the time of fire・4.\kmufacturing guarantees may also give an indication as to the length of time that abuyer can expect the goods to meet the appropriate stanckird of quality・ This might be a strong indication of a major defect・ Section 14 of the Sale of Goods Act 1979 states that nuinufacturing guarantees are directly enforceable against thenuinufDcturer and any person (Thunderbolt & Lightning) who uses a guarantee to sei 1 or market the goods to a consumer・>Q4： Do you think that Thunderbolt & Lightning w订1 be able to rely on the aboveexclusion clause to escape any potential liability to Maggie1.Thunderbolt & Lightning' s attempt to rely on the exclusion clause to escape anypotential 1iability to Maggie will fail miserably・2.Such an exclusion clause is null and void because the store is attempting to excludeits liability for personal injuries which it simply cannot do.3.Any attempt by the store to exclude or 1 imit its 1 iability in relation to Section 14of the Sale of Goods Act 1979 will be automatically void in terms of Section 20 of the Unfair Contract Terms Act 1977・4.Furthermore, there is a general provision in Section 16 of the Unfair Contract TermsAct 1977 which renders null and void any attempt by an individual to exclude his/her 1iabi1ity for death or personal injuries・5.Maggie is a consumer buying goods for her own private purposes and the strongestpossible protection is extended to consumers in terms of 1977 Act.6.Additionally, the store J s exclusion clause could be challenged un der the Un fairTerms in Consumer Contracts Regulations 1999. The Regulations apply a test of fairness before exclusion or limitation clause can be regarded as void and unenforceable・ With regard to the issue of excluding or 1 imiting liability for death or persorml injury, the Regulations state that such terms may be unfair whereas the Act makes theseautomatically void・Q5: Presuming that Maggie' s legal action is successful, what remedies will she be entitled to claim against Thunderbolt & Lightning1.If Maggie? s legal action is successful, she will be entitled to claim the remedies ofrescission ・ cancel lation of the contract of sale for material breach (supplying goods of unsatisfactory quality) and damages as per Section 15B of the Sale of Goods Act 1979.2..3.There are various remedies：rescissionreduction in the price of the goodreplacement of the goodsrepair the goodsCase 2 QI: What Act of Parliament covers consumer credit and how would you define a consumer credit agreement1.The Consumer Credit Act 1974 (as amended) regulates the consumer credit industry.2.Section 8 of the 1974 Act lays down a definition of a regulated consumer creditagreement・ Such an agreement is a personal credit agreement by which the creditor provides the debtor with credit not exceeding £ 25,000. A corporate body (company, a 1imited partnership or a 1 imited liability partnership) cnnnot be a party to aconsumer credit agreement・/Q2: By reference to Section 75 of the ConsumeT Credit Act 1974, describe the legal relationship between Marvellous Motors PLC and Alba Bank・1.Marvellous Motors PLC has a debtor-creditor-supp 1 ier arrangement with the Alba Bank.Debtor-creditor-supplier agreements where the creditor and the supplier of goods may be the same person or where the supplier has links to a creditor who wi 11 provide credit to the supplier' s customers (the debtors)・ The supplier (Marvellous Motors PLC) in a debtor-creditor-supplier agreement is the agent of the finance house or the bank・ This kind of arrangement benefits all three parties・ The debtor is givenaccess to a source of credit； the supplier can be confident of selling more goods because she/he is in a position to offer credit to potential customers and the finance house/bank gets someone else (the supplier) to drum up custom on its behalf Debtor-creditor • -supplier agreements・2.Section 75 of the Act allows a debtor to sue either the creditor or the supplier inthe above arrangement for a breach of contract committed by the supplier (Marvellous Motors PLC)・ Section 75 makes the creditor and supplier jointly and severally 1 iable to the debtor for any misrepresentations or breaches of contract committed by thesupplier・Q3： ffhat is the difference between a credit sale and a hire purchase agreement1.In credit sales, the debtor will become the owner of the goods from the outset of theagreement・ Al 1 the debtor has to do is make regular repayments of the debt owed to the creditor over the agreed credit period・2.In hire purchase sales, the debtor will not become the owner of goods until he haspaid the creditor all the instalments owed under the agreement・ The debtor will be given an option to purchase the goods・ Hire purchase can never involve the purchase of land・Q4： in what circumstances do debtors have the right to cancel a consumer cred辻agreement 1.Section 67 of the Consumer Credit Act 1974 does allow a credit agreement to becancelled in certain situations・ Credit agreements can only be cancelled if twoconditions are met：if you, the debtor, entered into face to face discussions with the creditor orthe creditor* s agents with the aim of entering a creditagreement； andthe signing of the credit agreement by both parties did not take place on thecreditor? s business premisesIf a debtor signed a credit agreement in his/her own home after discussions with the creditor1 s agent, the debtor can take advantage of a cooling-off period・This period gives the debtor time to decide whether he wishes to cancel the agreement or not・Q5： What is the purpose of consumer credit licenses and vdll a business which applies for a license automatically be granted one1.The Consumer Credit Act 1974 established a licensing system which covers al 1 activitiesrelating to the provision of credit・Businesses or individuals wishing to provide credit facilities to members of the public must be in possession of a 1 icence issued by the Office of Fair Trading・Failure to obtain a licence means a business or an individual providing credit could face both civil and criminal penalties・ An uniicensed creditor may find they are unable to enforce the agreement against the debtor・2.Licences are not just issued to anyone.a.If you have previously broken the rules in the Consumer Credit Act 1974, youwi11 probab1y not be issued with a licence・b.Criminal convictions for violence and dishonesty are likely to result in theapplicant being refused a licence・c.All licence holders must ensure that they conduct their businesses properly.Any undesirable conduct on their part could mean that the Office of Fair Tradingmay decide to suspend or, even more seriously, withdraw the licence・Case 3%QI： By re-labelling the botties of Bulgarian chardonnay as champagne, what criminal offence is Wullie committing and which Act of Parliament will he be in breach of as a result of his activities1.Wullie will have committed the criminal offence of making a materially false andmisleading trade description as regards the origin of goods・2.He will be in breach of：a.Section 1 of the Trade Descriptions Act 1968 for making a false andmaterially misleading trade description in relation to goodsb.Section 2 of the Act gives definitions of various false and material lymisleading trade descriptions andc.Section 3 explains what is meant by the word "false1* in relation to a tradedescription.Q2： What defences are available to someone in Wullie' s position1. Section 24 of the Trade Descript ions Act 1968 provides the main defence to an accused in Wullie* s position ：that the commissi on of the offence was due to a mistake, or due to reliance on inf omation supplied to him, or to the act or default of an other person, or to an accident, or due to some other cause beyond his control ； and that he took all reasonable precautions and exercised all due di 1igence to avoid the commission of such an offence by himself for any person under his controlWullie is not to be successful in any attempt to defend his actions given the deliberate nature of his crime ・Costello v Lowe [7990] 2・ Candidates should be Robertson v Dicicco Fletcher v Budgen [ Regina v Ford Motor Ford v Guild []990]able to cite at least one[1972]I 974 ]Co [IQ74]of the following examples ：。

1.0IntroductionJane black is a buyer for a high street fashion shop and she has the right for employers to purchase all styles of fashion ladies.Now Jane Black has some trouble , Because Jane Black and men`s clothing suppliers signed a contract , Jane Black that these clothes relatively inexpensive and great looking , but employers will certainly be very happy . However , employers are not uniform Jane Black`s point of view , an employer that Jane Black breach of contract , the employer refused to Jane Black of the contract . So Jane Black feel very distressed . He gave us advice .The purpose of this report is to introduce the law of agency , agency law analysis , and analysis of the case , explain how to form an agency relationship . In these processes , make recommendations for Jane Black .2.0The types of agent and principalAgent may refer to one who acts for , or in the place of , anther , by authority from him ; One entrusted with the business of another .As discussed by economists as the principal –agent problem ,agent means anyone supposed to act in the interests of the principal , especially insofar as the actions of the agent cannot be completely monitored by the principal . In this sense agent includes such diverse and common roles as auto mechanic , adoctor ,a lawyer , an investment advisor , any fiduciary , a contractor , any employee( from the point of view of the employer ) , and a political representative in a democracy .Agents ate divided into general and special and special proxy agent .Agents are divided into general and special proxy agent . Agent can be designated range of general agents , general agents the right to be larger , becausethe general agent in the exercise of power .In this way , We can use to analyze the definition and classification of the things Jane Black . Jane Black and employers to sign a contract is clearly dominant .Jane Black while employer have the right to buy for , but Jane Black is to follow the employer is request and to execute this contract rights . Jane Black , and another person does not mean that the contract is signed and Jane Black of the employer is contract . We have to analyze Jane Black has failed to fulfill the employer is contract , she is not within the scope of the contract at the employer is own right .3.0The type of agentFirst , the sub-agency relationship is clearly very important . Distinguish between the agent , we will understand more clearly the case .Agency relationship can be divided into the following ways:Express authority maybe oral authority or authority in writing . If an agent exceeds this express authority then the principal will not be bound by the agent`s actions.In this case , Jane Black and employers is a clear relationship .Implied authority is authority to do all that is necessary (or ordinarily incidental ) to the agent`s express authority and it is presumed that the principal consents to this . For example , general agent has implied authority to do what someone of his profession , or trade , would ordinarily do .For example ,eville v C & A Modes Ltd (1945) a shop manager was held to be an agent, but , In this case , Jane Black is directly responsible for the purchase of all female fashion .So in the case of this form does not exist .Agency of necessity arises when a person ( A) is faced with an emergency inwhich the property of another person ( B ) is in imminent jeopardy and it becomes necessary , in order to preserve the property for A to act for and on behalf of B. Agency of necessity arises only when it is practically impossible for the agent to communicate with the principal before the agent acts on behalf of the principl . ( This would be difficult to establish with today`s advanced communication systems and is the reason why agency of necessity does not often arise .)Authority to act in case of emergencies cannot usually prevail over express in structions to the contrary given by the principal .For example Fernie v Robertson (1871)，an ages necessary in the circumstances it appears the relationship . In the event of death or insanity appears , or some kind of emergency situation . In the case , Jane Black must show evidence , and third-party contract in time . She is not any accident , or have any special circumstances . Clearly , in this case which does not exist . Fernie V Robertson (1871), an agency of necessity arose when a senile perse`s estate was liable for house repair bills contracted on her behalf as the senile woman was too ill to issue instructions .4.0 AuthorityAn agent who acts within the scope of authority conferred by his or her principal binds the principal in the obligations he or she creates against third parties . There are essentially three kinds of authority recognized in the law : actual authority (ehether express or implied ) , apparent authority , and ratified authority .Actual authority can be of two kinds . Either the principal may have expressly conferred authority on the agent , or authority may be implied .Authority arises by consensual agreement , and whether it exists is a question of fact > An agent ,as a general rule , is only entitled to indemnity from the principal if he or she acted within the scope of her actual authority, and may be in breach of contract , and liable to a third party for breach of the implied warranty of authority . I tort , a claimant may not recover from the principal unless the agent is acting within the scope of employment .Express actual authority means an agent has been expressly told he or she may act on behalf of a principal . For example, Ireland V Livingstone (1872).Implied actual authority , also called “ usual authority” ,is authority an agent has by virtue of being reasonably necessary to carry out his express authority . As such , it can be inferred by virtue of a position held by an agent . For example , partners have authority to bind the other partners in the firm , their liability being joint and several , and in a corporation , all executives and senior employees with decision – maiking authority by virtue of their position have authority to bind the corporation . For example, Hely-Hutchinson V Brayhead Ltd (1968)>About lLord Suirdale (Richard Michae)John Hely-Hutchinson) sued Brayhead Ltd for losses incurred after a failed takeover deal .From the above two examples , we can conclude that the employer gave Jane Black power , Jane Black power is to buy women`s fashion , men`s fashion she did not get the employer is consent or acquiescence . But there is no surface of the authority . In this case , Jane Black is no need for institutions , so this situation does not exist.5.0 Duties of an agentAn agent owes the principal a number of duties . These include :1 A duty to undertake the task or tasks specified by the terms of the agency ( that is , the agent must not do things that he has not been authorized by the principal to do ).2. A duty to discharge his duties with care and due diligence . 3 . A duty to avoid conflict of interest between the interests of the principal and his own ( that is , the agent cannot engage in conduct where stands to gain a benefit for himself to the detriment of the principal).An agent must not accept any new obligations that are inconsistent with the duties owed to the principal . An agent can represent the interests of more than on principal , conflicting or potentially conflicting , only after full disclosure and consent of the principal .An agent also must not engage in self-dealing , or otherwise unduly enrich himself from the agency . An agent must not usurp an opportunity from the principal by taking it for himself or passing it on to a third party .In return , the principal must make a full disclosure of all information relevant to the transact that the agent is authorized to negotiate and pay the agent either a prearranged commission , or a reasonable fee established after the fact .In the caseof Bertram Armstrong v Godfrey (1830), an agent failed to sell shares at a certain price and waited to get a better price . The market crashed and he was held liable to the principal the loss incurred .In this case , Jane Black is the right to buy women fashion , but she signed with a third party party contract to buymen`s fashion , she did not comply with the requirements of employers .In the case of Luxmore – May V Messenger May Bostock (1990) , an auctioneer severely undervalued a masterpiece and was held liable for the difference between the valuation and the true value .Jane Black in this event which plays an important role , she is personally handle this matter , the one thing she has this responsibility . Jane Black breached his employer`s request , she and the employer`s written clearly on the requirements of the contract to buy women . So , Jane Black must say so , this thing inside yourself , and no third party interest , but his mind is good . Jane Black want their employers to earn money . But the law of the contract , the employer happy . Jane Black must be the truth .6.0 ConclusionThis report is mainly used to analyze the events of the law of agency . Which includes Jane Black`s legal status , duties , powers , and employer relations .These are analyzed and later , Jane Black will understand how to do it . This report contains almost all of the agency law of the content that is not only helpful for Jane Black ,are useful ofr most people .7.0 Reference.hk (26.12.2011)/wiki/Agent_(law)(26.12.2011)/terms/a/agency-by-necessity.asp#axzz1gz1mR9t2(26.12.2011)/definition/express-authority.html (26.12.2011) /definition/general-agent.html (26.12.2011) eville v C & A Modes Ltd (1945)Fernie v Robertson (1871)Ireland V Livingstone (1872).Hely-Hutchinson V Brayhead Ltd (1968)Bertram Armstrong v Godfrey (1830)Luxmore – May V Messenger May Bostock (1990)Great Northern Railway v Swaffield (1874)。