Introduction to Business Law

1(a) The decision in Archbolds (Freightage) Ltd. v S. Spanglett Ltd. Randall was made by the Court of Appeal.

(b) Judges Devlin l.JJ, Pearce and Sellers decided the case.

(c) The hearing of the case was on 4^th, 7^th and 8^th November and on the 15^th of December in 1960.

(d) S. Spanglett Ltd manufactured furniture in London.

(e) The accused were transporters based in London and Leeds. Their vehicles had been issued with A licences which permitted them to transport good for a fee. The defendant and the plaintiff got into an agreement for the transportation of goods by van. However the plaintiff was unaware that the defendant's vans were only C licenced. During the transit to London the goods were stolen.

(f) Spangletti claimed they were not liable to the plaintiff claiming illegality of contract as they did not have an A licence for their vans which was a requirement of the 133 Act (Beatty, 2009).

(g) The courts decision was in favor of Archibolds Ltd. The appeal of the defendant was thrown out and the defendant ordered to pay costs and repay the stolen load.

2(a) A contract of sale of goods is a type of contract in which a seller agrees to transfer or transfers ownership in property to a buyer for financial gain which is referred to as the price. This definition is found in sales of goods act of 1979 part two section one.

b) This law is civil as opposed to criminal as a person who has issues with good purchased will not go to the police but rather to the courts. The subject matter of the law has to do with the rights and duties of the buyer and seller and what steps to undertake in cases of breach of these rights.

(c) Merchantability and Quality.

(d) It is an Act of Parliament.

3(a) 2334 of 2000

(b) They came into force on 31^st October 2000

(c) The European Communities Act of 1972 and the European Communities (Designation) No).( 3) Order of 1993

(d) The Director-General of Fair Trade and The Office of Fair Trading.

(e) Inertia selling refers to the right of the sender of goods to goods sent to a person who sells or uses them in a manner which would harm the sender.

(f) i)Church of England Measures and Special Procedure orders

ii) The Licencing Act of 1972 section 12

4(a) Shane Corkery John who was the defendant was pushing a bicycle on Broad Street Ilfacombe while drunk. Consequently he got arrested and additionally resisted arrest. He was locked up in a police station cell wherein he damaged his cell.

(b) Corkery was making the second appeal.

(c) The Devon Quarters Sessions threw out his appeal.

(d) No Shane Corkery lost the appeal.

(e) Lord Goddard used the rule of eiusdem generis

(f) The rule of eiusdem generis states that if a word is used in a certain context it shall be expected that the general meaning of the word is the one to be applied in circumstances of disagreement (Enright, Legal Technique eWorkbook., 2002).

(i) Harmonious constructions: In instances of two conflicting statutes making unable to stand an interpretation should be made such that does not make both inoperable and not of use unless absolutely necessary.

(ii)Words of rank: As a result of ejusdem Generis there is an maxim of interpretation which states that statutes dealing with things or people ranking inferior to the one in question will not supersede the superior ones by the addition of general constructions.