Legal Advice on Agency Relationship, Breach of Contract, and Defective Goods Claims
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Question 1
Advise on the major factors:
1. Development of the agency relationship
The development of the relationship of the Mason with the Farida is analyzed as an agent as it has mainly shared the fiduciary relation based on the required manifestation of the consent. Farida has provided the authority to take the decision on behalf and consider the way to make changes in the sales. Mosun has mainly joined Farida as an agent and it has effectively provided the authority to negotiate with the client and make the sale decision on conducting the required work in an appropriate way. In another word, it can be said that the relationship between Mosun and Farida is "fiduciary and consensual" where one person has provided the required authority to act on behalf of the principal. It can also make the legal form of the relationship from the principal. The valuation of the required principles in context to maintain the appropriate fiduciary relation is important to maintain and conduct all the work based on those aspects as well. Mosun needs to take appropriate steps that can help in avoiding the required "Breach of contract" and help in effectively conducting the work with Farida. An effective relationship has been established if it can act and conduct work with due care and skill.
Mosun needs to take appropriate steps that can help in avoiding the required "Breach of contract" and help in effectively conducting the work with Farida. An effective relationship has been established if it can act and conduct work with due care and skill. The valuation of accomplished changes in the relationship can be analyzed if Mosun cannot properly delegate their own duties in an appropriate way. The major relationship between them is properly working as Farida has avoided the major profitability price which has been taken by the Mosun and it can be implied that Farida has the required concern toward the Mosun and not wanted to breach the contract with the Mosun. Farida can claim on the Mosun with the use of the Company act 2006 under section 176 as it has accepted the benefit from the third party and it is a major legal issue. The relationship between both has been interrupted at a time when Mosun has decided to order the different and fashionable belt "without Farida’s knowledge". The ineffectiveness at the time of working without providing information to the principal for the order of materials can make an impact on the contract and relationship. The major changes in the overall data valuation with respect to the agency relationship have been critically implied in terms of not conducting adequate work based on the proper concern with the Principal. The use of the appropriate work valuation has been critically implied in maintaining the agent relationship and creating impact over breach of the contract.
2. Valuation of the authority to order the belts
The valuation of the authority is clearly evaluated with the use of the rights and duties of the agent at the time of conducting the work. Mosun has mainly ordered the fashionable belt without having concerns or negotiations with Farida and this is the required issue that has been analyzed. it is required to evaluate the major rights of the Mosun in terms of ordering g the Belt without having the concern with the Principal. It has effectively used the "The Commercial Agents (Council Directive) Regulations 1993" to analyze the required rights of Mosun as a fiduciary agent. The use of effective data valuation has the critical implication of stating the required rights and duties of the agent. It has properly analyzed the "principal and act duty" of the agent in an appropriate way.
It has been stated under the "Commercial Agents (Council Directive) Regulations 1993" that an agent is required to properly communicate with the Principal before taking any necessary decision or "communicate to his principal all the necessary information available". It has clearly stated the major integration on reflecting that Mosun does not have the authority to order the belt and take a decision for purchase, Contrary, It has effectively analyzed with the pro\vided scenario that Farida has clearly stated that Mosun can take all the required decisions that can have the effective impact on the business. In this case, the "Commercial Agents (Council Directive) Regulations 1993" has been negotiated in order to show that the taken decision is not appropriate. On the contrary, "Commercial Agents (Council Directive) Regulations 1993" has also mentioned that the agent has to comply with all the reasonable instructions that have been given by the Principal. The valuation of the overall instruction has stated the range that it can also take an effective decision at that time.
3. Ratification of the action by the Farida
Farida can mainly need to ratify its action toward Mosun with the effective valuation of all the work that is situated based on the taken decision on behalf of Farida. It has required taking effective steps in terms of accumulating major stages based on using the "Grounds for Ratification". The decision of Farida cannot be ratified with the effective accumulation of the steps and valuation of the "Grounds for Ratification". It has mainly used the ground as "Material facts must be known by the principal" to ratify and make effect overtaking the effective decision in an appropriate way. The material fact is required to be known by the principal even if it has provided the required authority to Mosun to take a decision. It can be the required responsibility of Mosun to provide all the required information that is related to the materials. The ratification includes the required implication of retrospectively validating all the acts by the principal mainly on behalf of their agents. On the other hand, based on the acting, the agent cannot have any type of authority forsaking decisions on behalf of their principals.
Ratification of the action has been taken by Farida based on the ground and cleared that all the taken decisions are not effective but it can take and make implications over stating the required range for conducting overall work responsibility of the agent in an appropriate way. As per the case law of "Keighley, Maxsted & Co v Durant [1901]" has stated the required aspect that is related to the ratification. The follow-up of the ratification has the critical implication where ratification of the KM has been analyzed in terms of the invalid and have implications overtaking the effective decision regarding the occured case against the "Co v Durant". This case scenario also has the same aspect as Robert of the agent of Co v Durant. The valuation of the position in terms of ratification has been analyzed based on the ground where Robert has not disclosed that it has to act on behalf of the principal and make an impact over taking effective e decisions in an appropriate way.
4. Analysis of compensation upon termination of the contract
The valuation of the required compensation value upon the use of the contract has the legal valuation and makes a reflection on taking appropriate decisions. The use of the appropriate regulatory system has major implications that have stated to take the appropriate advantage in an appropriate way. The valuation of using the effective work has been briefly implied to use the "The Commercial Agents (Council Directive) Regulations 1993" that implicate the way to accomplish all the work in an effective manner. The use of this regulation has implied to ensure the effective purpose and implied with all the work that has been stated for taking the decision of compensation before the termination. The termination of the required agency contract has been indemnified and creates an impact over taking steps in accordance with the regulations. The valuation of all the stated workers has created an effect of using regulation 18 that has entitled the major compensation by the agents on behalf of the damages that have been faced by the principals. It can effectively be implied overtaking the decision for the damages. On the other hand, the regulation under the "The Commercial Agents (Council Directive) Regulations 1993" has also implied that implicate damages can be deemed under the required circumstances. The principals have taken benefits from the agent's work.
The benefit by the agent to the principal has the implied valuation that creates the effect of accumulating the changes in the decision of the compensation before the termination. the use of the determined aspect and valuation of the regulatory changes has implied where principals are substantially beneficial to the conducted work. The use of these regulations has stated the major work and helped in taking the decision by Farhad for the compensation over the termination of the contract in an appropriate way. The use of the regulations has stated that Monsun has the major chance for making changes in the decision of compensation as the overall work of Mosun has provided a major benefit to Farida and created an effect over the entire work in an appropriate way. Regulation 18 has effectively stated work and implied changing the decision for compensation over the termination of the contract in an appropriate way.
Yours sincerely
Sunside Firm
90 Jedburgh Road
Question 2
Advise Joe regarding the claim
Issue
The case scenario of Joe has been started based on the implied valuation of the current situation as Joe is in trouble because it has needed 500 bags of “Zended Basmati Rice” Joe's client is waiting for the delivery of the 500 bags of “Zended Basmati Rice”. The required issue is faced by joe in terms of not fulfilling their own words that have been made by him to accomplish the delivery of the 500 bags of “Zended Basmati Rice” on the current day. On the other hand, Joe has already paid for the 500 bags of basmati rice to the Ololade "on the 13th of April 2014". Joe has to face the required issue in terms of goodwill and money. On the contrary, it has also implied the current situation where 300 bags of “Zended Basmati Rice” is remaining and for that 300 bags, Joe is required to claim and conduct the legal procedure if Ololade is not ready to give those rice bags to the Joe. The valuation of those aspects is required to imply and take effective decisions for the further claim based on the prior estimation and consideration of those issues in an appropriate way.
Rule
The valuation of the legal rules and regulations for the case of Joe is most required in terms of understanding the required step which has been taken for the case. The rule that can be applied as per the overall scenario is the use of the "Breach of contract" act. This makes a reflection on analyzing "defective and delayed performance" by Ololade as it has not been able to complete their work and contract at the adequate time. The breach of contract implied that the party has not performed the task at the estimated time frame by the contract in an appropriate way. The use of this form of contract has the required impact that can help in effectively claiming by Joe and properly conducting the work in an appropriate manner.
Application
The valuation of the overall case scenario has implied effective conduct to the work and creates an effect over analyzing the required decision for the case. The valuation of the required rules in terms of breach of contract has been properly implied by Joe and is valid for the claim. The use of the appropriate method to claim for breach of contract can help in recovering the loss which has been faced at the adequate time period. On the other hand, the proper application for changes in the contract has been analyzed and effectively claimed on the Ololade. The required rules and regulation have implied that "defective performance and delayed performance" both have been implied under the case and create an effect over effective claim on the entire work.
The valuation of the appropriate case related to the case scenario has been evaluated, that is "Hadley vBaxendale ([1854] 9 Exch. 341)". This case has provided an effective and leading way in the "English contract law" and helped in determining the major effect and claim over the breaching of the contract. Breach of the contract has been found in the case where Baxendale does not succeed in conducting overall work at the adequate time and implied over the loss that has been handled by Hadley due to court of a run of their mill operation. The claim over the breach of contract is charged and implies overtaking an effective decision to imply overall work at an appropriate time for not causing a breach of contract.
On the other hand, the provided case for "Hadley vBaxendale ([1854] 9 Exch. 341) (6)” has also stated major implications that can help in taking initiative for the claim of the damages in an appropriate manner. The valuation of the stated decision with the use of the "breach of contract and Hadley vBaxendale ([1854] 9 Exch. 341) (6)" is effectively implied and takes a change for the claim in an appropriate way. Joe has to take the initiative to claim the remaining 300 bags of basmati rice and then take charge of the other 200 bags which are not received on the same day. Joe has also paid for 500 bags of the basmati rice in advance so it also needs to claim for those factors as well and take initiative for the claim in an appropriate manner.
Conclusion
The valuation of the overall case has implied that the use of breach of contract can be more effective for Joe to claim for the damage. The proper use of the contract act has estimated the required valuation of the effective range to recover the claim and conduct work in an appropriate way. It can effective use the reference e of the case as "Hadley vBaxendale ([1854] 9 Exch. 341) (6)" and take the required decision for a claim in an appropriate way and conduct work in an appropriate way with the integration of the knowledge for a claim.
Legal advice to Amin regarding damages faced after the purchase of the “Funky Sweet Rice” from Ololade
Issue
The issue arises in the trade with the mismatch of the quality which was promised to deliver. In the given contract Ololade, a businesswoman, provided 10 packets of the “Funkey Sweet Rice” to “Amin” on 20the April 2014, before selling the new brand of rice. The sample of rice was checked by Amin and the inspection of the rice results that 5 out of 10 packets were defective and the other 5 packets of rice were bigger in size than was promised to send. This is the criteria of the trade in which Amin had decided to take some legal steps for consent.
Rule
The law of the UK for the control of import or export follows the “Act 1939” and there are also a few rules which claim that the trader can replace or repair defective goods if they are proven as faulty and if the goods were not proved as faulty at the time of purchasing, the seller can claim for the money in return. The use of "Section 3 of the Consumer Protection Act'' has been the most effective range that can help in taking charges for defective products. The product liability law of the UK is placed for the protection of consumers which determines that if anybody is injured by a defective food product, the consumer has the right to sue the distributor, producer as well as manufacturer. The use of this aspect can help in taking the required step for a claim.
Application
The valuation of the required "Section 3 of the Consumer Protection Act and Wilkes v DePuy [2016] EWHC 3096 (QB)" has implied taking proper steps and making effect over estimating appropriate steps in an appropriate way. The analysis of the consumer protection act has estimated critically implied and taken effective steps for the appropriate work valuation. The use of the consumer protection Act has segregation in terms of the relative valuation of the provided case scenario where Amin has faced the required damage in terms of having a defective and inappropriate product. The use of those in an effective way of supplying the product has major consideration in changing the way and perspective in an appropriate way. The use of the consumer protection act can help in taking effective steps to claim for the defective product that has been supplied by Ololade to Amin.
An effective relationship has been established if it can act and conduct work with due care and skill and make changes in the way of analyzed result. The use of the case "Wilkes v DePuy [2016] EWHC 3096 (QB)" creates an effect of using it as a reference and helps in sue to Ololade (8). The use of the appropriate way has made implications over stating the required step and effectively using the "Section 3 of the Consumer Protection Act and Wilkes v DePuy [2016] EWHC 3096 (QB)" for the effective decision and action. The use of the required case "Wilkes v DePuy [2016] EWHC 3096 (QB)" has also helped in determining the major steps taken at the time of the defective product. It has helped in taking appropriate step on the situation. The proper use of those case laws has implied over consideration and taken the effective step.
Conclusion
The overall valuation of the case scenario and stated action has concluded to make changes in the way to take steps and implied use of Ololade for providing a defective product to Amin. the appropriate use of the consumer protection act has implied overtaking decisions. The effective valuation of "Section 3 of the Consumer Protection Act and Wilkes v DePuy [2016] EWHC 3096 (QB)" has helped in taking the effective decision to Amin and creating an effect on the supply of the 5 packs of “Funky Sweet Rice” defective. The implied work and relation based on the claim for the product have been based on the required analysis of the current situation in an appropriate way.
Reference
“Anthony Frederick Wilkes V Depuy International Ltd” (vLex) <https://vlex.co.uk/vid/anthony-frederick-wilkes-v-793058233> accessed February 11, 2023
“Hadley v Baxendale (1854) 9 Ex 341 (23 February 1854)” (Practical Law) <https://uk.practicallaw.thomsonreuters.com/D-000-1778?transitionType=Default&contextData=%28sc.Default%29> accessed February 11, 2023
“Please Enable JavaScript to Use ICLR Online.” (ICLR) <https://www.iclr.co.uk/document/1901000452/casereport_79751/html> accessed February 11, 2023
“Product Liability and Safety in the UK (England and Wales): Overview” <https://uk.practicallaw.thomsonreuters.com/w-013-0564?contextData=%28sc.Default%29> accessed February 11, 2023
“The Commercial Agents (Council Directive) Regulations 1993” (Legislation.gov.uk) <https://www.legislation.gov.uk/uksi/1993/3053/regulation/3/made> accessed February 11, 2023
“The Commercial Agents (Council Directive) Regulations 1993” (Legislation.gov.uk) <https://www.legislation.gov.uk/uksi/1993/3053/regulation/17/made> accessed February 11, 2023
Hoekstra J, “Political Barriers in the Ratification of International Commercial Law Conventions” (2021) 26 Uniform Law Review 43
Lohvynenko BO, “Discussion Issues of Ukraine’s Ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention)” [2021] Dnipro Scientific Journal of Public Administration, Psychology, Law 135
Participation E, “Companies Act 2006” (Legislation.gov.uk) <https://www.legislation.gov.uk/ukpga/2006/46/section/176> accessed February 11, 2023
Zacaroli A, “The Company’s Remedies for Breach of Directors’ General Duties” [2017] Company Directors: Duties, Liabilities, and Remedies
[1] Participation E, “Companies Act 2006” (Legislation.gov.uk) <https://www.legislation.gov.uk/ukpga/2006/46/section/176> accessed February 11, 2023
[3] Lohvynenko BO, “Discussion Issues of Ukraine’s Ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention)” [2021] Dnipro Scientific Journal of Public Administration, Psychology, Law 135
[4] Hoekstra J, “Political Barriers in the Ratification of International Commercial Law Conventions” (2021) 26 Uniform Law Review 43
[5]“Please Enable JavaScript to Use ICLR Online.” (ICLR) <https://www.iclr.co.uk/document/1901000452/casereport_79751/html> accessed February 11, 2023
[6]“Please Enable JavaScript to Use ICLR Online.” (ICLR) <https://www.iclr.co.uk/document/1901000452/casereport_79751/html> accessed February 11, 2023
[7] Zacaroli A, “The Company’s Remedies for Breach of Directors’ General Duties” [2017] Company Directors: Duties, Liabilities, and Remedies
[8] Zacaroli A, “The Company’s Remedies for Breach of Directors’ General Duties” [2017] Company Directors: Duties, Liabilities, and Remedies
[9] “Hadley v Baxendale (1854) 9 Ex 341 (23 February 1854)” (Practical Law) <https://uk.practicallaw.thomsonreuters.com/D-000-1778?transitionType=Default&contextData=%28sc.Default%29> accessed February 11, 2023
[10] “The Commercial Agents (Council Directive) Regulations 1993” (Legislation.gov.uk) <https://www.legislation.gov.uk/uksi/1993/3053/regulation/17/made> accessed February 11, 2023
[11] “Product Liability and Safety in the UK (England and Wales): Overview” <https://uk.practicallaw.thomsonreuters.com/w-013-0564?contextData=%28sc.Default%29> accessed February 11, 2023
[12] “Anthony Frederick Wilkes V Depuy International Ltd” (vLex) <https://vlex.co.uk/vid/anthony-frederick-wilkes-v-793058233> accessed February 11, 2023
