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Essay / Research Paper Abstract
For the commercial environment operate effectively it is necessary for the law to provide a degree of certainty in the way that commercial relationships are regulated. This 11 page paper looks at the way in which the sale of goods in England and Wales is regulated between commercial trading partners, in order to assess the way in which there is certainty present in the degree to which uncertainty is present. The bibliography cites 14 sources.
Page Count:
11 pages (~225 words per page)
File: TS14_TEfragsales1.rtf
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Unformatted sample text from the term paper:
especially between commercial parities rather than by businesses to consumers, is through the contractual relationship. The business transaction between commercial trading partners has less protection than transactions between business and
consumers as much of the consumer based legislation is irrelevant, but there is still a raft of legislation that may be used to imply terms into a contract and to
regulate the transaction, such as the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 and the Unfair Contract terms Act 1977. In may be argued
that with a strong foundation and clear sources of law and reference for the way that the transactions can seen as taking place in a robust environment, where there are
strict interpretations of the law, but this is also able to add fragility to the way transactions take place. To consider the way that there may
be both stability and robustness at the same time as a fragility, it is necessary to consider the way that the law is interpreted and applied, with reference to contract
law or statutes that may be applicable. The principle source of law currently is that of legislation, some legislation has the potential to be excluded by terms in contracts, such
as the potential to expressly exclude the Contracts (Rights of Third Parties) Act 1999, but other terms in statues that are deemed to be implied within all contracts are less
able to be excluded, which created more stabilty and certiantly and the ease fo exculsion is not based on only the act, but also oj the imapct of the terms,
for example, it is ooisasible to exlcude parts of the Sale of Goods Act 1979, such as section 15A, meaning that it is possible to make the compliance strictly contractual
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