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Business Law

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Question 1 Explain in which way an agency may be terminated by operation of law. (3marks) Answer: An agency is created by express appointment when the principal appoints the agent by express agreement with agent. This express agreement may be an oral or written agreement between the principal and the agent. There are four factors can cause the termination by operation of law. i. Agency is terminated by frustration In Marshall v Glanvill, Glanvill who is a firm of drapers appoints Marshall as a agent under an agreement terminable by six months. After six months, the agreement between them were terminated and he enlisted to Royal Flying Corps Marshall sued Glavill for the commission for six month. Judge held that the …show more content…

The second issue is can Cheng sell to Ali or is Cheng bound to sell to Ben. There was a termination by operation of law when death of either party (principal or agent). In the case, Campanari v Woodburu, although the court held that C was entitled to recover reasonable expenses incurred in endeavouring to execute the authority on a quantum meruit, Campanari was not entitled to the £100 commission since the agency had been terminated automatically upon Woodburu’s death. For this issue since the Nana had passed away, it is considered as death of either party (principal or agent), it will be a termination of agency between Cheng and Ben, Cheng is not necessary to bound to sell Ben. Question 3 With reference to Sale of Good Act, 1979, explain the following (i) Implied term that goods are fit for a particular purpose. (5marks) Answer (i) Section 14(2) SOGA states where the seller sells goods in the business, under the contract there must has an implied term which are of satisfactory quality. Section 14(2A) states for the purposes for this Act, goods are of a satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, talking account of any description of the goods, the price and all other relevant circumstances. Section 14(2B) states that for the purposes of this Act, the quality of goods includes their

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