Satisfaction Guarantee

First time here?

usewelcome15 to get 15% off

Commercial & Consumer Law

Questions are to be answered separately:Question 1Commercial law represents the totality of the laws response to mercantile disputes; it encompasses all those principles, rules and statutory provisions of whatever kind and from whatever source, which bear on the private law rights and obligations of parties to commercial transactions.Professor Sir Roy Goode, 1997Analyse this quote with reference to relevant cases and articles.Question 3Barry, a motor dealer, is selling a commercial van for 10,000. The vehicle is described as being three years old, low mileage and that it has recently been serviced and fitted with brand new tyres and a new exhaust. The vehicle is, in fact, six years old and the mileage counter is faulty, the actual mileage being much higher than that shown. The tyres are not new but badly worn remoulds and the exhaust has only had minor patches applied to try to stop it from smoking badly. Rebecca runs a local delivery business and is looking for a new delivery van. She tells Barry that she needs something reliable and capable of making long distance journeys as her business takes her all over the UK. Barry assures her that this van is perfect for her needs, but that if she likes she can get a mechanic to inspect the vehicle for her. Rebecca declines this offer and buys the vehicle for the full asking price. She signs a contract which includes the following clauseThe buyer having inspected the vehicle, the sellers liability for breach of any statutory implied terms shall be limited to 500.The following week when Rebecca is driving the van down the M6 to make a delivery she smells exhaust fumes and feels that the steering is pulling sharply to the left. Rebecca stops to inspect the tyres and sees that the front left tyre has a serious tear and the others have only a very small amount of tread on them. She also sees plumes of dark smoke pouring from the rear exhaust. A roadside recovery vehicle attends the breakdown and the mechanic advises Rebecca that in his professional opinion the vehicle is a death trap and should not be driven under any circumstances.With reference to relevant statute and case law, identify the legal rights that Rebecca has against Barry, the effect of the contract clause limiting liability and any remedies that she may be able to claim against Barry.