Legal Environment Surrounding Sale and Purchase of Goods Essay

Legal Environment Surrounding Sale and Purchase of Goods - Essay Example According to Crose & Miller (2011), in any legal undertaking it is good to understand about what is legally right and what is legally wrong in any kind of legal issue. Therefore, it is advisable that Winston understand where his rights were infringed and where he might have failed during contract signing so that he can lay out a base for his legal arguments. This would enhance his chances of winning the case and thus enabling him to obtain compensation. As a plaintiff in this case he also need to understand the courts that will be involved if the case reaches litigation stage and the procedures involved in this stage so that he can prepare adequately. This paper plays a very significant role in explaining these issues and thus it would be of great assistance to Winston. Any kind of legal environment or undertaking is influenced by various factors. According to Meiners et al (2011), some of the factors that influence the legal environment are the needs and demands of the business comm unity, consumers, and the government. In this paper, we start by explaining the issues surrounding these factors. These issues are like the difference between express and implied terms, sales of goods act, difference between consumer and non-consumer sales, and process and procedures involved in the litigation stage of a case. ... These terms are rigid and cannot change to implied term whatever the case that interpret them. They also do not have further categories and we cannot have very many of them in a contract. However, each contract must have several of those terms clearly understood by both parties before signing. All other terms found in a contract, which are not express term, are regarded as implied terms. Unlike the express terms, these terms are subdivided to those implied primarily by factual circumstances of the agreements and those implied primarily by the law (Klass 2010). Also unlike the express terms, the terms implied by the factual circumstances of the agreement can change to express terms depending on the situation that interpret them. They are also found in larger number in any form of a contract. However, these two terms have one similarity, which is that they have to be included in any form of a contract and each party must read and understand them before signing the contract. According t o Klass (2010), when interpreting a contract, a court gives more priorities to express terms as compared to implied terms. This is merely because of their characteristics and their ability to explain the contract and the situation in which the contract was made. The express terms can also reveal some of the factors that made either of the parties to sign the contract. Therefore when signing any form of a contract one should be very careful with the express terms because they can play a very great part in making a case ruled to your advantage in case of any dispute arising from the contract. Sales of goods act The sales of goods act deals mainly with the sales contract