Commercial Contracts Essay Example | Topics and Well Written Essays - 3500 words

Commercial Contracts - Essay Example Unless the seller can proof that all the goods were defective, the buyer is entitled to decline such a move and seek for legal redress. Watchtower vs. Classic Gift Ltd The two partners entered into a contract, where Watchtowers Ltd was supposed to supply Classic Gift Ltd with both the antique watches and the cleaning oil. The latter owns several shops that specialize in the sale of such watches. The managing director of Classic Gift Ltd agreed on a contract with Matthew Achbold, who was the sales director at Watchtower. It is this contract that was supposed to bund the two parties, in ensuring that everything happened according to the stipulations therein. The challenge After the delivery of the goods to Classic Gift, it was found that some of the oil provided had some defects. According to the letter addressed to the sales director of Watchtower, the oil led to malfunctioning of some watches, which were cleaned. It is because of this issue that Julie Fitz thought that they were enti tled to compensation because of the losses incurred. In their reply, the Watchtower indicated that indeed one of the batches of oil supplied may have been contaminated or had defects. The sales director however appeared to defend the fact that the rest batches were up to standard. However, according to the letter addressed to the supplier (seller), the buyer wanted full refund of the money used to make the purchased. In addition to that, the seller insisted that they need to be compensated due to the number of watches that had been affected. For that, reason, apart from refunding the total amount of purchase, there was need to further pay 2,000 pounds. Discussion Prior to the purchase of the materials, Watchtower provided Classic Gift Ltd with a document 1, which provided the terms and conditions that would make the contract legally binding. Some of the stipulations were that for the contract to remain binding, both parties had to address each other in writing, and within some stipu lated period of time1. Secondly, the seller was supposed to ensure that he supplied goods that were free of any defects to the buyer. However, to facilitate this provision, the buyer on the other hand was supposed to inspect the goods sent to ensure they were of the required standard and quality, upon detection of any anomalies, the buyer is obligated to address the buyer in writing, giving their dissatisfactions in the goods2. However, such a complaint was supposed to be done within the first 14 days. If these days elapse, the buyer was not entitled to any compensation. As part of ensuring that the seller was compensated, the terms and conditions stipulated that, the seller would either get partial or full refund. In addition to that, the seller may be provided with another butch of goods that meet the required standard. From the above explanation, it is clear that Classic Gift Ltd was entitled to compensation. The letter addressed to the supplier was made within 14 days. The lette r highlighted the losses that the company had suffered due to the contaminated oil. According to Unfair Contract Terms Act 1977, it is imperative to ensure that the buyer of the goods proof reasonably that there was actually a loss that was incurred. Such a loss must be linked to the mistake done by the seller. In the above issue, it is outright that the seller was entitled to remedies. Firstly, it appears that the buyer may have had the knowledge that some of the oil supplied was defective.

Use of the slit-lamp for anterior segment examination of the eye Case Study

Use of the slit-lamp for anterior segment examination of the eye - Case Study Example In my clinical placement in the Ophthalmology, I had a chance to examine a patient who presented complaining of decrease in vision. For confidentiality and ethical reasons, the identity of this patient remains undisclosed. However, this 65-year-old gentleman presented to the clinic, and when I was instructed to do a slit-lamp examination, it felt that it was an opportunity to use academic learning in practice, and I was very excited. In order to arrive at a diagnosis, I obtained these systemic medical history and family ocular history, since these are important for assessing a patient's risk factors for ocular disease. Just as with other body systems, reliable historical information allows the clinician to more appropriately direct the physical examination (Quillen, 1999).I probed into his recent complaints in terms of the onset, duration, and associated symptoms, since knowledge about these can guide me to the correct diagnosis. I asked him about his prior good and equal vision in b oth eyes. Then I asked him whether the problem were on the both eyes, and how could he not note it for last 1 year. He said that he was going on with his frequent changes in glasses, which he thought was natural at his age. While watching television, he suddenly discovered that his vision in the right eye was a lot better than the left, and when he attempted to watch TV with one eye, he was surprised to discover that with the left eye alone, the pictures were hazy. Moreover, he could see better at the periphery than at the centre. He had no pain, distortion of the sight, and no double vision. These were very suggestive and significant pieces of information since they narrow down the clinical differential diagnosis further, and helps the examiner to design the clinical examination in a better way. The suggestive better peripheral vision, differential vision between the eyes and absence of distortion, pain, and double vision led to the impression that I need to focus in the anterior s egment of the eye while conducting his examination (Age-Related Eye Disease Study Research Group, 2001). General Examination When I decided to carry out an examination, I felt that a patient with decreasing vision requires a complete examination to determine the cause of the visual decline. Therefore, I started to do a systematic examination. I performed a general examination of the eyes in good diffuse light, and I felt that it would lead me to the possible diagnosis, so later I can do a slit-lamp examination. The general examination began with the examination of the eyelids and the conjunctival sac. He was elderly and had some amount of sagging of the eyelids. On palpation, the lid margins did not demonstrate any swelling. There was no redness in the conjunctivae. The eyelashes were normal. There was no evidence of any inflammation or blepharitis in both the lid margins. In order to examine the conjunctival sac, it was necessary to expose the palpebral conjunctiva and the fornices. Due to age, his fornices were shallow. There was no crusting, follicles, conjunctival papillae, or pseudomembrane indicating chronic or acute inflammation contributing his diminished vision. I drew down his lower lid while he was asked to look towards the ceiling, and the lower fornix looked normal. This excluded any inflammation of the lower lid and swelling that can compromise vision temporarily. The upper lid was everted to examine the upper palpebral conjunc