Describe the limitations and constraints of marketing

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Bukola Akanni        Task 2        P2

Limitations and Constraints on Marketing

Describe the limitations and constraints of marketing.

Legislation: is the law which has been promulgated by a legislature or other governing body, or the process of making it.

Statutory law: is the written law set down by a legislature (as opposed to regulatory law promulgated by the executive branch or common law of the judiciary in a typical democracy or republic) or by a legislator (in the case of an absolute monarchy.

Common law: is the law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A common law system is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions.

 

: according to this website, The Sale of Goods Act 1979 provides four main protections for buyers:

  • The seller must have the right to sell the goods. For example:

  • (The claimant, a car dealer, bought a car from the defendant for £334. He painted the car and put it in his showroom and sold it to a customer for £400. Two months later the car was impounded by the police as it had been stolen. It was then returned to the original owner. Both the claimant and defendant were unaware that the car had been stolen. The claimant returned the £400 to the customer and brought a claim against the defendant under the Sale of Goods Act).  
  • The defendant did not have the right to sell the goods as he did not obtain good title from the thief. Ownership remained with the original owner. The defendant had 2 months use of the car which he did not have to pay for and the claimant was not entitled to any compensation for the work carried out on the car).

  • Goods sold by description must correspond to the description. For example:

  • A contract for the sale of a quantity of wooden staves for making barrels described the staves as being 1/2 an inch thick. Some of the staves delivered were not 1/2 an inch thick but very slightly out. There was nothing wrong with the quality of the wood and they could still be used for the intended purpose of making barrels. The buyer rejected the goods as the price of wood had fallen and he could purchase them cheaper elsewhere.
  • The purchasers were entitled to reject the goods under this act as they were not as described.
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  • Goods must be of satisfactory quality. For example:

  • A fisherman sold his fishing boat to the claimant. The claimant brought an action against the defendant based on breach of Act of the Sale of Goods Act as the boat was not of satisfactory quality. This Act only applies to the sale of goods sold in the course of a business. The defendant argued that the sale of the boat was not in the course of his business. His business was catching fish and selling them, he was not in the business of buying and selling fishing boats.
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