Business Law Assignment. Find the case of Archbolds (Freightage) Ltd. v S. Spanglett Ltd. Randall [1961] 1 QB 374 and answer the questions set out below

b) Would you classify this source of law as civil or criminal? What is the subject matter of this source of law? (2 marks)[3] 

- I would classify this source of law as civil. The subject matter of this source is:

1. Existing or future goods

2. Goods which have perished

3. Goods perished before sale but after agreement to sell.

http://www.bailii.org/uk/legis/num_act/1979/ukpga_19790054_en.pdf

c) What two terms are implied by Section 15 of this Act in the case of a contract for sale by sample? (1 mark)[4] 

        - The two terms which are implied for contract of sale by sample are:

1. The bulk has to correspond to the sample in quality.
2. The goods have to be with no defects, which will be visible on reasonable inspection of the sample.

d) Which of the following three terms accurately describes the Sale of Goods Act 1979? (3 marks)

i. It is an Act of Parliament

iii. It is primary legislation

vi. It is a statute

3. Find the Consumer Protection (Distance Selling) Regulations 2000

a) What is the statutory instrument number for these Regulations? (1 mark)

        - The statutory instrument number for the Consumer Protection (Distance Selling) Regulations is 2000 No. 2334.

b) On what date did these Regulations come into force? (1 mark)

        - October, 31, 2000

c) Which Act and which statutory instrument were amended by these Regulations? (2 marks)[5]         The Act which was amended is Unsolicited Goods and Services Act 1971, and the statutory instrument that was amended was Unsolicited Goods and Services (Northern Ireland) Order 1976

d) Which EC Directive did the Regulations aim to implement? (give the full name and number)[6] (1 mark)

        Directive 97/7/ EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contract – Statement by the Council and the Parliament. 

e) According to the Regulations, what is inertia selling? (1 mark)[7] 

Inertia selling is when:

- Unsolicited goods are sent to the recipient with a view to his acquiring them.

- The recipient has no reasonable cause to believe that they were sent with a view to their being acquired for the purpose of a business

- And the recipient has neither agreed to acquire nor agreed to return them  

f) Regulations are statutory instruments which are a form of secondary legislation. Name two other forms of secondary legislation (2 marks)[8] 

        There is Delegated legislation and Prerogative legislation.

- Delegated legislation is legislation that is prepared by government agencies under the influence of Acts of Parliaments.

- Prerogative legislation is prepared by the Crown with its inherent law making powers not dependant on Parliament

4. Find the case of Cutter v Eagle Star [1998] 4 All ER 417 or [1998] 1 W.L.R. 1647 and answer the questions set out below.

a) Which statute was considered in this case? (1 mark)

        - In this case the Road Traffic Act [1988] was considered statute.

b) Provide a brief description of the facts of this case and state whether the insurance company were held liable for damages by the COURT OF APPEAL. (3 marks)[9] 

• Facts of the case Cutter v Eagle [1998]:

• Mr. Cutter was sitting in a car parked in a multi-storey car park waiting his friend
• While he was waiting there was leakage of gas from a can of lighter fuel in the car
• When Cutter’s friend arrived he (Cutter) lit a cigarette and caused a fire because of the leakage of gas.
• After this incident the plaintiff – Eagle Star Insurance Co (The insurance company of Cutter’s friend) obtained a judgment in the county court for damages for negligence against Cutter the driver

According to the Court of Appeal the insurance company was liable because the multi-storey car park was considered as a road.

c) On what grounds did the defendants appeal against the decisions of the Court of Appeal? (1 mark)

The defendants appealed against the Court of Appeal because according to the Traffic Road Act it was not clear whether the car park was road.

d) This question concerns statutory interpretation.

i. What rule of statutory interpretation did Lord Clyde use in deciding the case? (1 mark)

• Lord Clyde used the literal rule for deciding the case

ii. Describe that rule of statutory interpretation in your own words. (1 mark)

        -The literal rule is that rule in which the words of the statute are provided in their real ordinary and simple meaning. The judges don’t use phrases which aim to sense of the statute.

iii. Explain how Lord Clyde referred to the impact of EU law and what effect this had on his decision. (2 marks)[10] 

        “Mr. Sales referred to the three European Directives on the approximation of the laws of member states relating to insurance against civil liability in respect of the use of motor vehicles. These are the First Council Directive (72/166/EEC of 24 April 1972), the Second Council Directive (84/5/EEC of 30 December 1983), and the Third Council Directive (90/232/EEC of 14 May 1990).”

iv. Name two other rules of statutory interpretation and provide a brief description or explanation of each one. (4 marks)[11] 

1. Golden rule

• The Golden rule is the opposite of the Literal rule and means that judges can shift their words from their real or ordinary meaning if it is necessary.

2. Mischief rule

• Courts use this rule to establish the intention of the legislator. The idea of the Mischief rule is to discover mischief and defect in a statute and to apply a remedy for the same.

                

Bibliography

1. Retrieved on April 12, from the website:

2. Retrieved on April 14, from the website:

3. Retrieved on April 14, from the website:

4. Retrieved on April 14, from the website:                                                  

5. Retrieved on April 16, from the website:

6. Retrieved on April 16, from the website:

7. Retrieved on April 17, from the website:

8. Retrieved on April 17, from the website:

9. Retrieved on April 17, from the website:

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[1]  http://www.law-uk.eu/Cases/Archbolds_v_%20Spanglett.htm

[2] . Sale of Goods Act

[3] 

[4]  Sales of sample

[5]   Sale of Goods Act 1979

[6]  

[7]  The Consumer Protection (Distance Selling) Regulations 2000

[8]  Secondary Legislation

[9] 

[10] 

[11]        ;