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Held: where the trade description is false at the time of the supply medicine website trecator sc 250 mg visa, the supplier commits an offence medicine quiz cheap 250 mg trecator sc. False descriptions of services Section 14(1) of the Trade Descriptions Act 1968 provides that it shall be an offence for any person in the course of any trade or business: (a) to make a statement which he knows to be false; or (b) recklessly to make a statement which is false; as to any of the following matters relating to services treatment programs discount 250mg trecator sc otc, accommodation or facilities: 578 Chapter 26: Criminal Liability for Statements (i) the provision of them in the course of any trade or business; (ii) the nature of them; (iii) the time at which or the manner in which or the persons by whom they are provided; (iv) the examination symptoms 37 weeks pregnant cheap trecator sc 250 mg fast delivery, approval or evaluation of them by any person; (v) the location or amenities of any accommodation provided. In each case the provision of the services, etc, as well as the statement made in relation to them, has to be in the course of a business. Sub-section (2) provides: (a) anything (whether or not a statement as to any of the matters specified in the preceding sub-section) likely to be taken for such a statement as to any of those matters as would be false shall be deemed to be a false statement as to that matter; (b) a statement made regardless of whether it is true or false shall be deemed to be made recklessly, whether or not the person making it had reasons for believing that it might be true. The difficulties with s 14 Section 14 has proved disappointingly inadequate as a means of bringing unscrupulous traders to account, for two reasons: (a) a mental element is required before an offence is committed, whereas the offences established by s 1 of the Act are offences of strict liability, and (b) in construing the offence created by s 14, the courts have followed the law of misrepresentation in holding that, in order to be actionable as an offence, a statement must be one of existing fact (that is, it must relate to something present or past), it cannot relate to a statement of future intention. We will deal with these difficulties in turn: the mental element For an offence to be committed, the accused must either: (a) know that their statement was false; or (b) have made the statement recklessly. Knowledge that the statement was false It is sufficient for the purposes of s 14 if the defendant, though not knowing that his statement was false at the time it was made, was aware that his statement was untrue at the time it was read by the complainant. Before the complainant, 579 Law for Non-Law Students Mr Wade, read the brochure and booked a holiday on the strength of it, the defendants became aware that the statement about the air-conditioning was untrue and that the hotel was equipped only with overhead fans. They therefore instructed their employee salesagent to tell travel agents orally that the information was false and that it should be corrected when dealing with customers. Mr Wade was not informed by the travel agent or by Wings, and only discovered the untruth of the statement when he arrived in Sri Lanka. The House of Lords held that the offence had been committed because by the time Mr Wade read the brochure, the defendants knew that their statement was false: once the defendants knew their statement was false, they nevertheless continued to make it. When a customer ordered some sliding gear only, he was charged 25p carriage and the goods were not sent on approval: pre-payment was required. It had intended to make a carriage charge of 25p in respect of the doors, which would also cover the sliding gear; hence the gear was carriage free. It was held by the divisional court that the conclusion reached by the purchaser to the effect that he could buy the gear separately and that it would be carriage free and on approval was a reasonable one. The statement of future intention the law of trade descriptions has followed the law of deceit and the old criminal law of false pretences in holding that a statement of future intention, which turns out to be unfounded, will not, save in special circumstances, amount to a false statement for the purposes of the Trade Descriptions Act. To be actionable, a statement has to relate to an existing or a past state of facts. He was dissatisfied with it and reported the company to the trading standards authority. As a result of his complaint, they began criminal proceedings against the company. The swimming pool had been built but there were cracks in it and it could not be filled with water. The food consisted of steak, chops or chicken, always served with chips, but cooked in the Spanish style. The children could have their meals one hour earlier than the adults but there were no special dishes provided for them. Pushchairs were not available at the hotel itself though they were available from a shop in a neighbouring street. What the judge said On count 4, the judge had ruled that Sunair had no case to answer. In relation to the other counts, the judge told the jury that they had to decide what Sunair were saying in their brochure. Were they saying that the facilities existed on 7 January when Mr Bateman booked, or on 7 March, which was said to be the earliest possible booking date, or on 27 May when Mr Bateman arrived at the hotel Once they had decided on the operative date they should then decide whether it was true on that date and if it were not, and they found that the statement had been made recklessly, then they could convict. He should have directed the jury to acquit on counts 2 and 6, since both sides agreed that they related to the future. However, it is difficult to see how, if the judge had directed the jury properly, they could have found that the representation as to the swimming pool was anything but a representation of existing fact.

This is a debtor-creditor-supplier 516 Chapter 24: Consumer Credit agreement anima sound medicine buy genuine trecator sc line, even though the credit granted may be unrestricted use symptoms after hysterectomy discount 250mg trecator sc with mastercard, since it is made under pre-existing arrangements between the creditor and the supplier medicine 2000 order cheap trecator sc on-line. This is a debtor-creditor agreement my medicine discount trecator sc generic, since there are no preexisting arrangements between the bank and the supplier. As there are no pre-existing arrangements between supplier and finance company, the agreement is a debtor-creditor agreement. The Consumer Credit (Exempt Agreements) Order 1989, gives five categories of exempt agreement. These are: (a) Certain credit agreements secured on land entered into by specified bodies. Thus, Art 3 of the 1989 Order provides for exemption in a number of circumstances where the credit is short term. Among them are: (1) a debtor-creditor-supplier agreement for fixed sum credit under which the total number of payments in respect of the credit does not exceed four. The payments must be required to be made within a period not exceeding 12 months beginning with the date of the agreement. Neither of the above two exceptions applies to (a) hire-purchase or conditional sale agreements, or (b) an agreement secured by pledge (that is, a pawn) or (c) an agreement to finance land purchase. This is covered by Article 4 of the 1989 Order, which gives exemption to loans where the total charge for credit (to be calculated in accordance with the Consumer Credit (Total Charge for Credit Agreements and Advertisements) (Amendment) Regulations 1999) does not exceed the higher of: (1) (2) (i) 1% plus the highest of any base rate published by a number of specified banks; and 13%. The relevant base rate is the base rate in operation 28 days before the date on which the agreement is made. The exemption only applies where the credit is provided to the debtor in the course of a business carried on by the debtor. A 1999 Amendment Order exempts a debtor/creditor agreement where the creditor is a credit union and the total charges for credit does not exceed 12. Neither a hire-purchase agreement nor a conditional sale agreement may qualify as a small agreement. The significance of a small agreement is that the provisions of Part V of the Act, except s 56, do not apply to small debtor-creditor-supplier agreements for restricted-use credit. Under s 40, a non-commercial agreement made by an unlicensed trader may be enforced by him without an order from the Director General of Fair Trading. Section 189(2) provides that a person is not to be treated as carrying on a particular type of business merely because occasionally he enters into transactions belonging to a business of that type. Thus, a person who occasionally collects debts will not need a licence under the Act. If a transaction is treated as a linked transaction it has the following effects: if it is made before the principal agreement it has no effect until the principal agreement is entered into; if the prospective debtor withdraws from a prospective regulated agreement or if he exercises his right to cancel the agreement, any linked transaction is cancelled. An example might be a maintenance agreement in respect of a computer which is being bought on credit. However, since most linked transactions are 519 Law for Non-Law Students contracts of insurance or contracts guaranteeing the debt, and such contracts have been excluded from the effect of s 19, it would seem that the practical effect of s 19 will be comparatively slight. As we pointed out earlier in the chapter, the quotation of a flat rate of interest is usually deceptive. Regulation 4, as amended, requires the following to be included in the total charge for credit: (a) the total interest on the credit; (b) other charges at any time payable under the agreement; (c) a premium under a contract of insurance which is a condition of making the agreement and is for the sole purpose of ensuring complete or partial repayment of the credit. Regulation 5 gives 520 Chapter 24: Consumer Credit a long list of items to be excluded. These are generally items of expenditure which are not compulsory under the agreement, for example, a premium to insure a motor vehicle. Fortunately for the nonmathematicians, the Office of Fair Trading provides sets of calculation tables which do the job for you. Section 14 of the Consumer Credit Act 1974 defines a credit token as follows: (1) A credit token is a card, check, voucher, coupon, stamp, form, booklet or other document or thing given to an individual by a person carrying on a consumer credit business who undertakes: (a) (b) that on production of it (whether or not some other action is required) he or she will supply cash, goods and services (or any part of them) on credit; or that where on production of it to a third party (whether or not any other action is required) the third party supplies cash, goods and services (or any of them) he or she will pay the third party (whether or not deducting any discount or commission) in return for payment by the individual. Types of payment card Credit cards Credit cards allow the holder to obtain cash, goods or services on credit from particular outlets on production of the card.

The desired magnitude of the crimp force Fc is defined and its direction will be normal to the surfaces at the crimp treatment 5th disease purchase trecator sc paypal. The centers of gravity of the respective elements are used as the origins of the local symptoms 7 weeks pregnant purchase 250mg trecator sc fast delivery, nonrotating coordinate systems in which the points of application of all forces on the elements are located treatment zinc deficiency trecator sc 250 mg without a prescription. Force F12 is provided by part 1 on part 2 at the pivot pin and force F32 is provided by part 3 acting on part 2 at their pivot pin symptoms quiz order 250mg trecator sc overnight delivery. Fx = F12 x + F32 x = 0 Fy = F12 y + F32 y + Fh = 0 Mz = Fh Rh + (R12 x F12 y - R12 y F12 x) + (R32 x F32 y - R32 y F32 x) = 0 4 Link 3 has two forces on it, F23 and F43. For a matrix solution, the unknown terms are placed on the left and known terms on the right of the equal signs. Fh F12x F12y F32x F32y F43x F43y F23x F23y F34x F34y F14x F14y F21x F21y F41x F41y F12 x + F32 x = 0 F12 y + F32 y + Fh = 0 Rh Fh + R12 x F12 y - R12 y F12 x + R32 x F32 y - R32 y F32 x = 0 F23 x + F43 x = 0 F23 y + F43 y = 0 R23 x F23 y - R23 y F23 x + R43 x F43 y - R43 y F43 x = 0 F14 x + F34 x = - Fc 4 x F14 y + F34 y = - Fc 4 y R14 x F14 y - R14 y F14 x + R34 x F34 y - R34 y F34 x = - Rc 4 x Fc 4 y + Rc 4 y Fc 4 x F32 x + F23 x = 0 F34 x + F43 x = 0 F32 y + F23 y = 0 F34 y + F43 y = 0 8 Substitute the given data from Table 3-3 part 1. The geometry is known and the jack supports a force of P = 1 000 lb (4 448 N) in the position shown. The angle of the elevated car chassis does not impart an overturning moment to the jack. Assumptions: Solution: 1 Figure 3-5 shows a schematic of a simple scissors jack used to raise a car. It consists of six links which are pivoted and/or geared together and a seventh link in the form of a lead screw which is turned to raise the jack. While this is clearly a three-dimensional device, it can be analyzed as a two-dimensional one if we assume that the applied load (from the car) and the jack are exactly vertical (in the z direction). The jack designer needs to consider the more general case, but for our simple example we will initially assume two-dimensional loading. Each element or subassembly of interest has been separated from the others and the forces and moments shown acting on it (except for its weight, which is small compared to the applied forces and is thus neglected for this analysis). In this design, stability is achieved by the mating of two pairs of crude (noninvolute) gear segments acting between links 2 and 4 and between links 5 and 7. These interactions are modeled as forces acting along a common normal shared by the two teeth. There are 3 second-law equations available for each of the seven elements, allowing 21 unknowns. This is a cumbersome system to solve for such a simple device, but we can use its symmetry to advantage in order to simplify the problem. Because of the mirror symmetry between the upper and lower portions, the lower half can be removed to simplify the analysis. If we wished, we could solve for the reaction forces at A and B using equations 3. We now have four elements but can consider the subassembly labeled 1 to be the "ground," leaving three elements on which to apply equations 3. Note that all unknown forces and moments are initially assumed positive in the equations. Force F12 is provided by part 1 on part 2 at the pivot pin, and force F32 is provided by part 3 acting on part 2 at their pivot pin. The magnitudes and directions of these pin forces and the magnitude of F42 are unknown. Only the subscript for the reaction moment is different because a different link is providing it. The consistent notation of this force analysis method makes it easy to write the equations for any system. Fx = F14 x + F24 x + F34 x = 0 (c) Fy = F14 y + F24 y + F34 y = 0 Mz = R14 x F14 y - R14 y F14 x + R24 x F24 y - R24 y F24 x + R34 x F34 y - R34 y F34 x = 0 8 the nine equations in sets a through c have 16 unknowns in them, F12x, F12y, F32x, F32y, F23x, F23y, F43x, F43y, F14x, F14y, F34x, F34y, F24x, F24y, F42x, and F42y. We can write the third-law relationships between action-reaction pairs at each of the joints to obtain six of the seven additional equations needed: F32 x = - F23 x F34 x = - F43 x F42 x = - F24 x F32 y = - F23 y F34 y = - F43 y F42 y = - F24 y (d) 9 the last equation needed comes from the relationship between the x and y components of the force F24 (or F42) at the tooth/tooth contact point. The same techniques used for two-dimensional load analysis also work for the three-dimensional case. The third dimension requires more equations, which are available from the summation of forces in the z direction and the summation of moments about the x and y axes as defined in equations 3. As an example, we will now analyze the bicycle brake arm that is actuated by the handbrake lever that was analyzed in Case Study 1A.

It is also compulsory to insure in respect of liability for the death or bodily injury to other road users and against liability for damage to the property of third parties medications vitamins buy 250 mg trecator sc amex. There are further provisions which seek to prevent the insurance company repudiating their obligations under the contract of insurance treatment by lanshin cheap 250 mg trecator sc overnight delivery, should the insured person cause damage in respect of which compulsory insurance applies treatment 2nd degree heart block generic trecator sc 250mg with amex, in circumstances which would ordinarily render the policy voidable at the option of the insurance company treatment 4 pimples order trecator sc with visa. The plaintiff claimed damages and the defendant argued that he was protected by the exemption clause. The defendants were, therefore, not protected by their exemption clause and were liable to pay damages to the plaintiff. One of the cars which was delivered under the contract was second-hand, having been run for some 500 miles. Third parties and exemption clauses Only the parties to a contract are bound by the contract. Thus, an exemption clause may be defeated because the person seeking to rely on it is not a party to the contract. Perhaps the most common attempt to circumvent this rule is where an employer provides in his conditions: `Neither the company nor its servants will be liable. It would appear that the clause would not protect employees (servants) of the company, since they are not parties to the contract. He received a ticket which said that the company `will not accept responsibility for any loss or damage sustained by the vehicle, its accessories or contents, howsoever caused. The plaintiff explained that there was a suitcase containing jewellery on the back seat. When the plaintiff returned, he found the car unlocked with the key in the ignition. The plaintiff claimed damages and the defendant pleaded that he was protected by the exemption clause. The Unfair Terms in Consumer Contracts Regulations 1999 these regulations came into effect on 1 October 1999, amending earlier Regulations. They are wider than the Unfair Contract Terms Act in the sense that they apply to any and all unfair terms, not simply unfair exemption clauses. Terms to which the regulations apply the regulations apply to any term in a contract between a seller or a supplier and a consumer, where the term in question has not been individually negotiated. A term is not to be regarded as having been individually negotiated if it has been drafted in advance and the consumer has not been able to influence it. Where a specific term or aspects of it have been individually negotiated, the regulations apply to the rest of the contract if an overall assessment of it indicates that it is a pre-formulated standard contract. If a seller or supplier claims that a term was individually negotiated, it is up to him to prove that it was. Regulation 6 provides that, in so far as it is in plain and intelligible language, no assessment shall be made of the fairness of any term which: (a) defines the main subject matter of the contract; or (b) concerns the adequacy of the price or remuneration. Note: in the United States, agreements in which the price was unconscionable have been re-opened by the courts. However, the wording of Article 4 of the directive excludes terms as to price, where these are in plain and intelligible language. Consequences of using an unfair term Regulation 8 provides that an unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer. However, the contract shall continue to bind the parties if it is capable of continuing in existence without the unfair term. In assessing whether or not the term is unfair, the court must take into account the nature of the goods or services for which the contract was made and all the other circumstances regarding the making of the contract, and all the other terms of the contract or any other contract on which it is dependent. Schedule 2 of the regulations provides a non-exhaustive list of terms, amounting to 17 paragraphs, which may be regarded as being unfair. A loan was taken out at a concessionary rate of interest which, however, was lost if the debtor defaulted even in a minor way. Furthermore, the basis of the calculation which was performed when the borrower wished to redeem the loan was based on a formula which was disadvantageous to the borrower and, taken with other redemption conditions, was unfair.

It was held that the car was fit for its purpose as it was reasonably fit for use as a car symptoms 7 order discount trecator sc online. It is clear that partial reliance on the seller is sufficient to bring s 14(3) into operation chi royal treatment trecator sc 250mg with visa. Finally symptoms underactive thyroid order on line trecator sc, it is clear that both s 14(2) and s 14(3) impose a strict liability on the seller treatment plant trecator sc 250 mg line. It is no use the seller trying to argue that the lack of merchantability or fitness for purpose was not his fault, or, for example, that the defect could only have been discovered by protracted tests. In Frost v Aylesbury Dairy Co (1905), milk sold by the defendant to the plaintiff contained typhoid germs. These were only discoverable by prolonged investigation, by which time the milk would have been unusable. The seller was, therefore, liable even though the defect was not discoverable at the time of sale. These are: (a) that the bulk shall correspond with the sample in quality; (b) that the buyer shall have a reasonable opportunity of comparing the bulk with the sample; and (c) that the goods shall be free from any defect rendering them unsatisfactory which would not be apparent on reasonable examination of the sample. In Champanhac v Waller (1948), C agreed to buy some government surplus balloons from W. C tested a sample of the material from which the 380 Chapter 18: Sale of Goods Terms Implied in Favour of the Buyer balloons were made and found it to be satisfactory. The seller sued for the price, arguing that the exemption clause meant that he was not responsible for defects in the goods. In Godley v Perry (1960), the issue was whether defects in the goods were discoverable upon reasonable examination. In this case, a small boy bought a defective catapult, which, when he used it, caused him to lose an eye. He sued the retailer, arguing that the goods were not reasonably fit for their purpose. The retailer joined the wholesaler and the wholesaler joined the importer to the action, each in order to claim an indemnity from their own supplier. The third and fourth party claims were based on the allegation that the catapult was supplied by sample, and there was, therefore, an implied condition that the catapult would be free from any defect rendering it unmerchantable, which would not be apparent on reasonable examination of the sample. The fourth party sought to defend the claim by arguing that the defect in the sample was discoverable using one of a number of simple tests. Implied term as to price Under s 15 of the Supply of Goods and Services Act 1982, where the consideration for the service is not fixed by the contract, is not left to be determined in a manner agreed by the contract, or determined by a course of dealing between the parties, there is an implied term that the party contracting with the supplier will pay a reasonable price. Implied term as to fitness for purpose and satisfactory quality It has been held in a case involving the supply of a service that, although the service does not amount to a sale, supply, or hire of goods, the outcome of the service must be fit for its required purpose and must be of satisfactory quality. The legislative requirements were still being introduced while the program was being developed. Held: there was an express contractual term that the software supplied by the defendants would comply with legislative requirements. Once it became known that, by legislative requirement, the plaintiffs would have to supply the Secretary of State with details of relevant population by December 1989, it became an express contractual obligation for the defendants to supply the plaintiffs with software which would enable them to comply; even if there were no express term covering the contract, there is an implied term to the effect that the program would be fit for its purpose and of merchantable (now, satisfactory) quality. Having said that a disk which was supplied containing a program would be subject to the terms implied by the Sale of Goods Act 1979 if it were sold, or the Supply of Goods and Services Act 1982 if it were hired, Sir Iain Glidewell pointed out that neither would apply in this case, since the plaintiffs acquired the program through its installation by an employee of the defendants. However, although the statutorily implied terms as to fitness for purpose and quality could not be implied, corresponding terms could be implied by the common law.

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