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SCOTS LAW - commercial law Essay Example

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SCOTS LAW - commercial law

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The parliament in Scotland is, however, a minor player as the United Kingdom parliament is still supreme when it comes to legislation function.The right of humans are a fundamental part of life and it is important that they be protected by the law. These rights include the right to private life and the right to express oneself freely. The European Commission on Human Rights put these laws to ensure protection of human rights. Human right law is a significant source of law as all laws made must conform to it. The rights of humans have been given due consideration when making the law in Scotland. If the legislature makes laws that are in contravention, an individual has the right to go to court to air their dissatisfactions. Courts across the land have also to take into account human rights when making determinations on certain cases.The law on the remedy of consumers when they purchase faulty goods is, however, found under commercial law. Commercial law regulates the behaviour of individuals and organisations in relation to trade.1 Commercial law in addition to regulating business activities it protects the rights of consumers. The Department of Business, Regulatory Reform through the Scottish law commission made a review on the options in existence to consumers in case they buy faulty goods. Even though there is no clear outline on what criteria is to be used to ensure that goods are of the appropriate standard. The general consensus is that goods should be of the expected quality and be in line with the appropriate description. The problem, on the other hand, is minimal understanding on the remedies available to consumers if the goods fail to meet these expected standards.Numerous options exist for consumers who buy faulty goods under the Scots law. Throughout history, an individual who purchased faulty goods had two remedies. The first option was that in the event a buyer detected fault quickly he could reject the goods, end the transaction and seek a refund. The second scenario was in case the fault was detected at a later time the buyer could claim compensation from the seller for failure to fulfil the contract. The source of these was English law; they were, however, included into Scots law to give a reprieve for consumers in Scotland. These legal principals are still applicable to date even though many reviews on the laws have been carried out.2 From the year 2003, consumers had the right to demand that the seller repair

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Reference

Sivesand, H. (2005). The buyers remedies for non-conforming goods: Should there be free choice or are restrictions necessary?. München: Sellier, Europ. Law Publ.
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preview essay on SCOTS LAW - commercial law
  • Pages: 5 (1250 words)
  • Document Type: Essay
  • Subject: Law
  • Level: Undergraduate
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