A perspective of Commercial and Consumer Transactions and the

Applicable Laws.

 Sales Transactions

(i)         Elements of Contract of Sale: A Sale Distinguished from other Transactions Definition of Goods.

(ii)        Formation of the Contract Sale: Formal Requirements History, what is agreed upon in the contact Types of Contractual Provisions.

(iii)       The Seller’ Obligation Deliver and Payment Implied titled obligation to supply goods of contract description and of right quality.

(iv)       The obligations of suppliers and manufactures to ultimate buyers and consumers express warranties negligence implied warranties and strict liability.

(v)        The buyers’ remedies for the sellers’ defective performance. The right to reject the goods tendered The right to damages and specific performance, Myth and Reality, the consumer’s right to adequate remedies for defective products.

(vi)       Contractual limitations on the seller’s obligations and the buyer’s remedies judicial relief legislative relief.

(vii)      The buyer’s obligations and the seller’s right and remedies.

(viii)     Passing of property in a sale of goods.

(ix)       Involuntary passage of property (Title) to Bona Fide Purchase.

(x)        Expert sales: Ex-Works or Ex-Sore contract; F.O.B.Ex-ship contracts export and import licenses Bankers Commercial Credit - Uniform Law on International Sales Application ofU.L.I.S.; Score of the Art and itsmain provisions.

 

Consumer Credit

(i)         Financing Consumer Sales Transactions: Legal Nature of Consumer Credit Contract Development and Structure of Consumer Credit Types of Consumer Credit Arrangements.

(ii)        Regulation of consumer credit granting practices; the legal characterization of consumer credit Rights of Consumer Borrower Rights of consumer lender advertisement.

(iii)       Regulation of credit grantors, collection practices an remedies. Extra-Judicial Debt collection practice General debtor creditor remedies (i) Garnishment Exemptions, costs of Garnishment effect of employment of debtor (ii) Execution against property other than wages regulation of contractual Term Affecting Credit Grantor.

(iv)       Disclosure of cost borrowing.

(v)        Credit Insurance

(vi)       Consumer Borrower’s Right and Education and the Future of Consumer Credit.

 

 

PART IV

 

Agency:

(i)         Basic Concepts

(ii)        Creation ofAgency

(iii)       Agent Principal Relationship

(iv)       Third Party Principal Relationship

(v)        Agent- Third Party Relationship

(vi)       Types of Agents

(vii)      Termination of Agency

 

 

PART V

Consumer Protection

(i)         Introduction: The philosophy of consumerism economic and social assumption underlying consumer protection law Market consideration in the formulation of consumer protection policy The nature and extent of consumer complaints.

(ii)        Regulation of misleading advertisement: Legal determination of genuine advertisement Effects of a disclaimer of truth or reliability in tan advertisement. Public and Private Law response to the problem of misleading advertisement.

(iii)       The consumer and the Sale of Goods Acts.

Disclaimer clauses General consideration judicial legislative resections.

(iv)       Disclaimer clauses and consumer credit. Problem of vertical and horizontal privities in consumer transactions. Manufacturers responsibility for express and implied warranties The rights of remote purchasers and other derivative parties.

(v)        Manufactures’ express warranties and their administration forms and contents of warranties as completive devices problems in warranty administration, manufacturers Dealer Relationship Legislative Regulation of manufacturers warranties.

(vii)      Consumer Warranties and Public Standards.

(viii)     The enforcement of consumer rights and consumer protection Legislations.

 

Recommended Books:

Benjamin; Sale of Goods

Ziegel and Fosters’ Aspects of Comparative Law, Sales, Consumer

Credit and Secured Transaction

Powell: Agency

Fridman: Agency

Goods: Hire Purchase Law and Practice


Level of Study: 600 Level