Buyer Remedies Of A Contract

Buyer Remedies Of A Contract Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Buyer Remedies Of A Contract The general rules of a contract required from either the seller or the buyer is to comply with their obligations. Therefore, the seller is expected to do his obligation and the buyer is also expected to oblige, but sometimes one party may breach the contract in many ways. For example, the seller may deliver the goods to the buyer late or the delivered goods fail to conform to the standards which are set by the agreement between them. However, in some cases the buyer may breach the contract by not paying the price of the goods.   [ 1 ]   When the breach of contract happens, the injured party may claim for remedies or damages which are available to both the buyer and the seller. This essay, however, will only deal with the buyer remedies. (perhaps say why) It may be generally said that if the parties have not chosen remedies in their contractual relationship, the law which governs the contract will apply in this case. It appears that the remedies whi ch are available for the buyer for breach of contract are different from form to form.   [ 2 ]   These remedies for instance seem to be more elaborated in the Vienna Convention 1980 on Contract for The International Sale of Goods (CISG) compared with English Sale of Goods Act 1979.   [ 3 ]   Therefore the buyer under the CISG has many remedies such as specific performance, more time (Nachfrist) and price reduction. However, under the (SGA) 1979 these remedies are very limited such as termination and damages.   [ 4 ]   It could be said that this difference for the buyer remedies existence due to the CISG being designed to consider the characteristics of the international trade such as the long distance between the parties which increases the cost of transportation.   [ 5 ]    This paper will not examine all the buyer remedies, instead it will just examine one remedy: specific performance. This will be analyzed in two different approaches which are the CISG approach an d the common law approach, in particular the English law act (SGA 1979). Additionally, there has been much debate about whether the specific performance remedy under the Vienna Convention is more useful than the specific performance remedy under the English Law for international sales transactions. Hence, this paper is going to examine and analyze this argument in more detail. Specific Performance under the Vienna Convention on contract for the International Sale Of Goods One of the buyer remedies is specific performance. The main provision dealing with this remedy is Article 46, which states that: (1) The buyer may require performance by the seller of his obligations unless the buyer has resorted to remedy which is inconsistent with this requirement. (2) If the goods do not conform with the contract, the buyer may require delivery of substitute goods only if the lack of conformity constitutes a fundamental breach of contract and a request for substitute goods is made either in conj unction with notice given under article 39 or within a reasonable time thereafter. (3) If the goods do not conform to contract, the buyer may require the seller to remedy the lack of conformity by repair, unless this is unreasonable having regard to all the circumstances. A request for repair must be made either in conjunction with notice given under article 39 or within a reasonable time thereafter.   [ 6 ]

Altar Cross, 12th century Research Paper Example | Topics and Well Written Essays - 1250 words

Altar Cross, 12th century - Research Paper Example The history of Altar Cross is associated with the Abbey of Bury Saint Edmunds. The Altar Cross is the only handy item of religious significance which contains brief historic record and expression of the followers. The five pieces of walrus tusk integrate to form Altar Cross which contains ninety-two figures and ninety-eight inscriptions. The inscriptions on the Altar Cross revealed the hatred shared by Jews against Jesus; this cross contains certain statements and inscriptions against Jesus. The historic facts indicate that strong resentment which prevailed among the dwellers in England, and is evidence of the anti-Semitism in the English society. The origin of this cross is with the time frame of 12th century, because it was in 13th century when the Jewish were expelled from England. The Altar Cross was reunited with the central plague in fourteenth-century. A group of historian believe that Altar Cross has Catalan or Aragonese origin. The paintings of the few Italians in the period of Medieval and Renaissance confirmed the existence of the crosses in the churches. These crosses were installed in the churches as mark of respect for Jesus. The Altar Cross has been â€Å"installed upon pedestal in the centre of the altar" (Benson, 2003); this position is regarded because of its supreme importance. The cross is widely popular among the followers, and is regarded as "simple in design and inexpensive, or most elaborate and valuable" (Benson, 2003). The Altar Cross depicts the history of Christianity, and the brutality experienced by the Christians under Jewish command. Christianity has remained victim of desolation, terror, abuse and anguish; the Altar Cross is the symbolic representation of all these acts of violence faced by Christians and validates the vigour, zeal and courage with which the community fought and emerged victorious. The inexpensive Altar Cross is made of "wood, brass, bronze, copper and pewter" (George, 2003). However with

Needs Assessment of the Diabetic Patient Essay Example | Topics and Well Written Essays - 2000 words

Needs Assessment of the Diabetic Patient - Essay Example Diabetes II finds that insulin is produced by the pancreas but it is ineffective in carrying out total body functions where the insulin is desperately needed to be regulated (Rubin 1999). Furthermore, just as this current patient faces issues of obesity, many adult patients who suffer with Diabetes II are quite regularly classified as being moderately overweight to points of morbid obesity as well which again is an issue that further complicates the treatment process. Since insulin therapy is ineffective in the treatment and management of Diabetes II and also because the majority of people with this form of diabetes are obese the most popular and beneficial treatment regimens that have been implemented into the care of patients has been an appropriate exercise routine with proper diet and nutrition mapped out for them. Seemingly this would be the appropriate guidelines for the current patient. Therefore the two main goals of the management plan for this patient will be to decrease hi s weight with an exercise program and to monitor his dietary and fluid intake on a weekly basis as well. Firstly, before an in-depth management program can begin with this patient there needs to be an initial development of a good interpersonal relationship between the primary care manager and the patient himself. Because patients with Diabetes II are sometimes severely obese the medical provider needs to have the clear awareness that this patient might suffer with depression and anxiety due to his physical appearance. Therefore, it should be the goal of the care giver to build a position of trust and faith between him or herself and the patient in order to provide a high quality care plan to manage the Diabetes (Aggleton & Chalmers 2000). Nurses who use an interpersonal approach have been found to be able to correctly assist patients in planning a strategic alternative to gaining control over a disease such as Diabetes II. This is due to the fact that an interpersonal approach utilizes techniques that are more thorough than a traditional nurse/ patient evaluation. For instance, the sk ills used are normally observing, questioning, examining, and testing and measuring to ascertain whether the patient will be able to meet the set goals being designed for them (Roper et al 1996). It is believed that this type of approach will be best for this patient in that it will build the proper relationship in order to work as a joint team in the management of the patients' illness. Furthermore, with regard to correctly acquiring this patient's information so that medical treatment and evaluation can be carried out, nurses and all medical care providers have to be careful not to tread over the stipulations that the NMC has specified when working with patients. This specific code states that, "nurses should protect all confidential information concerning patients obtained in the course of professional practices and make disclosure only with consent" (NMC 2002). This of course draws on the ethical and legal aspects of properly caring