Need help with my writing homework on Overview of English Sale of Goods Law. Write a 2000 word paper answering; It has been observed that the English Sale of Goods Law is strict, certain and predictable. However, this report evaluates this strictness of English Commercial Law as it deals with the issues concerning traders.
(a) Pricing: The English Sale of Goods Law establishes stringent codes about the pricing structure for the goods that are to be bought or sold. Section 9 (2) of the Law states that when a third party who is delegated to make the price valuation for a transaction is prevented from doing so by the fault of the seller or buyer, the party not at fault may maintain an action for damages against the party faulty.
This aspect of the Sale of Goods Act has been widely criticized for its high-handedness in the issue of pricing evaluation by a third party that had been prevented from doing. Using the following example would shed more light on why experts have been complaining about this strict part of the law. Take, for instance, a U.K manufacturer of foods that imports eggs from China through a third party (particularly a commercial agent based in the U.K). Having recognized that it was the responsibility of the commercial agent to appropriate or evaluate how much the manufacturer is going to pay to Chinese seller for several shipments of tens of thousands crates of eggs. But if as a result of a sudden breakout of a deadly disease in China (as it was many years back when SARS affected so many chickens in China), and the manufacturer requested that the final pricing of the current orders and the subsequent ones be suspended, the Sale of Goods Act allows the Chinese seller to seek damages at the court of law.
It is obvious that this code of the law didn’t provide a vivid description of what factors may be accepted as genuine excuses for a buyer or seller to halt the price evaluation process by a third party. In business, there are no certainties.