Commercial Law Essay Example | Topics and Well Written Essays - 1500 words

Commercial Law - Essay Example The passing of any risk associated with preservation of the property sold or in the process of being sold is governed by Section 20(1) of the Sale of Goods Act 1979 which provides as follows:- â€Å"Unless otherwise agreed, the goods remain at the sellers risk until the property in them is transferred to the buyer, but when the property in them is transferred to the buyer the goods are at the buyers risk whether delivery has been made or not.†3 The purchase of the six speed drill appears to have vested in Alex prior to dispatch by the seller since he paid for the drill via credit card over the telephone. According to Section 20(1) of the Sale of Goods Act, 1979 the property was transferred to Alex and while in transit remains at his risk. However, the drill did not conform to specifications since it was a three speed drill rather than the specified six speed drill. As a result, Alex as buyer has a right to reject non-conforming goods. The law presumes that the parties intend that the goods will fit the description as provided for in the sale of goods’ contract. If at the time of shipment the goods do not comport with the contract description: â€Å"†¦if there was a quantitative defect in the goods amounting to a breach of a fundamental term or to a breach of condition, or to a breach of an intermediate term which cause him serious prejudice.†5 A buyer is therefore at liberty to reject goods for the most part if they fail to correspond with the description of the goods sold via the contract for sale. This is possible even when the buyer does not incur any damages or loss as a result of the non-conforming goods.6 However the courts have taken pains to limit the application of this rule by effectively narrowing the ‘concept of the description of the goods.’7 It was held in Christopher Hill Ltd. v Ashington Piggeries Ltd [1972] AC 441that a statement contained in a contract may

Article review of Can Hamas Be Tamed Research Paper

Article review of Can Hamas Be Tamed - Research Paper Example Author however, further argues that this may not be the case as those organizations which took part into the elections and actually changed their political philosophy has little correlation with Hamas and that the overall evidence is really weak. Author also presented a history of Hamas and how it gradually evolved over the period of time. Evolved as an off-shoot of Islamic Brotherhood, Hamas operates based on the political philosophy of confronting with Israel and use violent means to achieve the same. After the death of Arafat, Hamas rolled itself as a political party and took part in the elections and subsequently won the election also. This participation by Hamas was however, not welcomed by both Israel and US despite the fact that Hamas actually made a transition towards participating in the overall democratic process within the country. Author further argued about the possibility of changing in the overall political ideology of Hamas due to Oslo Peace Process. Analysis Author h as presented two views about the participation of organizations like Hamas in the overall political process within country. ... According to Author, the skeptical view may hold because given the overall history of Hamas and the history of those organizations which actually participated into the overall political process is relatively less. Those organizations which have already participated into the liberal process were radically different from what Hamas preaches. Traditional history of violent groups also suggests that they may arise as a result of the suppression from the regime. Middle Eastern regimes often used the means to suppress any opposition against themselves and as such movements like Hamas can therefore easily find recruits who can participate in their struggle to overthrow regimes which work against the general interest of the masses. Author has also presented an alternative view according to which the diverse political opinions and the concern to attract votes, illiberal parties can make a transition to liberal ideologies if they participate into the election process. This argument is theoreti cal in nature and advocate that evidence does suggest that those groups who actually participate into election process ultimately become liberal in their overall ideologies. As such parties like Hamas therefore are considered as the subjects who can make a transition to liberal ideologies if given the chance. Author however, also argues that the overall political participation of the groups like Hamas also largely depends upon the local political context also. Author argues that the presence of a vibrant and strong political system is necessary in order to help organizations like Hamas to make a move towards more liberal ideologies. Further, according to author, it takes time for liberal ideologies to take roots in parties like