英语商务法律论文.doc

天环超声波关于商务法律1. What are the differences between Ownership and Possession? OwnershipThe exclusive right to use, possess, and dispose of property, subject only to the rights of persons having a superior interest and to any restrictions on the owners rights imposed by agreement with or by act of third parties or by operation of law. Ownership may be corporeal, ie of something intangible, such as copyright or patent. Ownership involves enjoyment of a number of rights over the property. PossessionActual control of property combined with the intention to use it, rightly or wrongly, as ones own. In the case of land, possession may be actual, when the owner has entered onto the land or possession in law, when he has the right to enter but has not yet done so.What differences:Ownership is pretty simple. When you own something you hold valid title to it, typically a deed for real property. For other property, you own it because you can prove you paid for it, or its in your house and no one disputes that its yours. Possession is can be more temporary. When you have something you use, you have possession of it. You can have possession of things you own, borrow, use, or even just pick up and carry around for awhile.2. Explain the meaning and give an example each: Real propertyReal property is property that includes land and buildings, and anything affixed to the land. For a business, real property would include warehouses, factories, offices, and other buildings owned by the business. Real property only includes those structures that are affixed to the land, not those which can be removed, such as equipment.Example: in the land buildings, and driveways, in the land trees, Street lights, and other. Personal propertyPersonal property is property owned by an individual or business which is movable and is not affixed to or associated with the land. Basically, personal property is everything except real property.Example: anything self buy, like pen, jewelry, computer, car, and other. Chose in actionThese are intangible pieces of personal property-no physical presence-therefore cannot be physically possessed. They are referred to as rights. Those who wish to enforce their legal rights over this kind of property must do so by court action.Example: some have right to claim for sums of money owed, insurance policies, shares, and business goodwill. Chose in possessionThese are tangible items that can be possessed or controlled physicallyExample: like television, clothes, car, computer, and other, anything you can be possessed or controlled tangible items.3. State who has ownership and possession in the following instances:a. Library booksThe library book is Ownership. Ownership has owning original materials, owning copies, and owning (or governing) the institution. First, the partners in public library own their collections. The public library is a library without books. Instead of a stand-alone collection, it is the set of common software codes and processes that connect existing collections and adapts for future ones. And while public library has developed these protocols, the institutions success relies on them being freely open and used by others.b. TenancyTenancy is the use that you have of land or property belonging to someone else, for which you pay rentThe tenancy type of property ownership means the property is owned by two or more parties simultaneously. In this type of ownership, the shares of each party are not always equal. If one of the parties dies, the interest in the property held by that party passes to the heirs named by that party. Those heirs then become shareholders of the property equal to the original partners of the property.Sale of Goods Act 19084. Implied WarrantyFactsa. The seller sold a car to the buyer, who was a motor vehicle dealer, in May for $10,000.b. 3 months later, the police took possession of the car from the buyer as it was a stolen vehicle. They returned it to the original owner. It had been stolen from him some time ago, by the person that the seller had purchased it from. The buyer did not know it was a stolen car.c. The buyer claim for refund of the full purchase price.d. The seller claim the buyer was not entitled to the full amount because he had use of the car for 3 months.1. Which section of the sale of goods act should the buyer claim against the seller?In this case, the car was stolen, the seller not have ownership of the car. The defendant no right to sell car, so the buyer can claim against the seller, because in the Sale of Goods Act 1908 section 14: In a contract of sale, unless the circumstances of the contract are such as to show a different intention, there isSection (a)-an implied condition on the part of the seller that in the case of a sale he has a right to sell the goods, and that in the case of an agreement to sell he will have a right to sell the goods at the time when the property is to pass.Section (b)-an implied warranty that the buyer shall have and enjoy quiet possession of the goods2. Can the buyer claim for a full refund of the purchase price?Yes, the buyer claim for a full refund of the purchase price, in this case the seller say had use of the car for 3 months was irrelevant, because the seller not have any legal ownership of this car, there was a total failure of consideration, the seller had no right to sell the car at all, about possession and use should not be taken into consideration.5. Factsa. The seller has advertised in its catalogue sale of wooden staves measuring 1/2” thick.b. The buyer, after reading sellers catalogue, ordered the wooded staves from the seller.c. The staves on delivery varied in width, some of them were up to 10/16” thick.d. The buyer rejected the delivery.e. The seller sued for breach of contract.Please advise the buyer based on the Sale of Goods Act 1908.The buyer was entitled to reject the goods, so the seller claim for damages failed.The contract specified 1/2 measurement. Any reasonably measurable discrepancy meant they did not correspond to the description. If the supplier had wanted to allow a margin he should have done so. This meant the description must be strictly adhered to unless the contract provides otherwise.According to Sale of Goods Act 1908 section 32 (3)- Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.6. Passing of Title/RisksFacts a. 15thJune, after negotiation and inspection, the buyer unconditionally bought a second hand car from the seller for $14,000. The buyer said he will collect the car from the seller on 25th June. The buyer paid for it on 20th June.b. 21th June the car was stolen from the Sellers locked garage.c. Since the car had been stolen, the buyer asked for his money back. The seller refused.1. When did risk and ownership of the car passed to the buyer? Explain the basis of your answer.In this case, 4th January, after negotiation and inspection, the buyer unconditionally bought a second hand car from the seller for $14,000. The buyer said he will collect the car from the seller on 15th January. The buyer paid for it on 10th January. In here the Contract has been established. According to Sale of Goods Act 1908 section 20- Unless a different intention appears, the following are rules for ascertaining the intention of the parties as to the time at which the property in the goods is to pass to the buyer: Rule 1-Where there is an unconditional contract for the sale of specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, is postponed.2. Can the buyer claim his money back from the seller?No, the buyer cant claim his money back from the seller, because at 10th January, the car ownership had the property in the goods passes to the buyer, the seller dont need back money for buyer. According to Sale of Goods Act 1908 section 22- Unless otherwise agreed, the goods remain at the sellers risk until the property therein is transferred to the buyer; but when the property therein is transferred to the buyer the goods are at the buyers risk, whether delivery has been made or not:provided that where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.Fair Trading Act 19867. What is the purpose of the Fair Trading Act?To stop unfair competition.“An Act to prohibit certain conduct and practices in trade, to provide for the disclosure of consumer information relating to the supply of goods and services and to promote product safety and also to repeal the Consumer Information Act 1969 and certain other enactments”8. Case StudyNZ Excellence Ltd is a souvenir shop. Its products are T shirts, woolen scarves, sweets honey and cream with an iconic New Zealand images such as a kiwi on its T shirt labels, a kiwifruit on its sweet wrappers, a merino ram in front of Mt Cook on its scarves label, a manuka flower on its honey bottles and the inclusion of the words “New Zealand” and “Aotearoa New Zealand” in the products names. All the products were not made in New Zealand.List the sections under the Part 1 of the Fair Trading Act which NZ Excellence Ltd has committed an offence.NZ Excellence Ltd has committed an offence Fair Trading Act 1986 Part 1Section 9- No person shall, in trade, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.Section 10- No person shall, in trade, engage in conduct that is liable to mislead the public as to the nature, manufacturing process, characteristics, suitability for a purpose, or quantity of goods.Section 11- No person shall, in trade, engage in conduct that is liable to mislead the public as to the nature, characteristics, suitability for a purpose, or quantity of services.Section 13-No person shall, in trade, in connection with the supply or possible supply of goods or services or with the promotion by any means of the supply or use of goods or services(a) Make a false or misleading representation that goods are of a particular kind, standard, quality, grade, quantity, composition, style, or model, or have had a particular history or particular previous use( j ) Make a false or misleading representation concerning the place of origin of goods.Co