SayPro Common law

Law and the rights and protections formed under them are also created by judges’ decisions in court. This is known as common law. Common law has its basis in precedent – this means that judges follow decisions made in similar cases to create a consistent, just and fair system. However, there are cases when the circumstances or facts of the case are very different, have not arisen before or are viewed by a senior judge as not reflecting current society, so that a decision is made to create or amend the law.In common law legal systems, the law is created and/or refined by judges: a decision in the case currently pending depends on decisions in previous cases and affects the law to be applied in future cases. When there is no authoritative statement of the law, common law judges have the authority and duty to make law by creating precedent. The body of precedent is called common law and it binds future decisions.Different type of business agreement: there are three two of business agreement express term, implied term and Exemption clauses.Express terms are terms that have been specifically mentioned and agreed by both parties at the time the contract is made. They can either be oral or in writing.Breach of express term: Each time you discuss a product or service with a customer you become responsible for providing and agreeing specific information.For services this may include a time when the service will take place and a price for the complete serviceFor a product this may include the price and product availability these are known as the express terms.Exemption Clauses are a particular type of express term, taking two basic forms:Clauses which exclude liability for the breach of a particular term or terms. This effectively negates any obligation to perform those terms. These may be called exclusion clauses.Clauses which do not effect the obligation to perform, but which limit the remedies available for a breach. These may be called limitation clauses.Implied terms on the other hand, are the unquestionable basic qualities of the product or service. Would you consider selling a product to your client that was of inferior quality? Would you mis-describe a product to a customer just to get a sale? Would you sell a service to a customer knowing full well that the service will not achieve the customer’s desired results?The implied terms describe a basic level of trust between the vendor and the customer. The law provides that, in every transaction for the sale and supply of goods, certain terms are implied. The person selling the goods must have the right to do so, and the goods must:Correspond with the description: Many transactions involve a description of some kind. When goods are supplied and the consumer relies on such a description, the goods must be ‘as described’. If the description is false, a criminal offence may also have been committed.Be of satisfactory quality: Goods must be of a standard that a reasonable person would regard as satisfactory. Quality is a general term which covers a number of matters including:

• Appearance and finish

• Freedom from minor defects

• Safety

• Durability

In assessing quality, all relevant circumstances must be considered, including price and description. In consumer contracts, the manufacturer’s advertising can also be taken into account.Be fit for the purpose: When a consumer indicates that goods are required for a particular purpose or where it is obvious that goods are intended for a particular purpose, and a trader supplies them to meet that requirement, the goods should be fit for that specified purpose.sometimes a term which has not been mentioned by either party will nonetheless be ‘included’ in the contract, often because the contract doesn’t make commercial sense without that term. Terms like this are called implied terms, and there are two main types:Please visit our website at www.saypro.online Email: info@saypro.online Email: info@saypro.online Call: + 27 11 071 1903 WhatsApp: + 27 84 313 7407. Comment below for any questions and feedback. For SayPro Courses, SayPro Jobs, SayPro Community Development, SayPro Products, SayPro Services, SayPro Consulting, and SayPro Advisory visit our website to www.saypro.online