Hi. I really need some guidelines on how to answer this essay, I dont do law at university however its part of my course so I have to do one module of law. If anyone can guide me in the right direction I would really appreciate it. Thanks.
Philmore Pty Ltd displays its antique furniture in a large show room.
Each item having the price displayed clearly on it.Mr Smith selects a particularly beautiful Georgian chair and approaches the saleman to buy it. The salesman refuses to sell the chair to Mr Smith having warned by the director of Phoilmore that Mr Smith was a particularly disagreeable customer, being slow to pay up
What is Mr Smith's position and why?
Pls help me
IRT: Damon
How are you this evening? I hope all is well on your end of the spectrum.
I typically do not like to go Socratic on others in the field of business law, but as a graduate of such a course, I do find it can prove useful. To assist in finding the answer to your question, apply these:
- What is the time period, setting, and theme of this situation?
- Does Mr. Phoilmore's statement have validity, or puffery?
- How does Mr. Phoilmore know Mr. Smith is slow to pay up, does he have prior experience with him?
- Is there a separate purpose to not wanting to sell to Mr. Smith?
- Is there a stated method of payment?
After establishing the answers to these questions, I believe the answer to the over-arching question will be a bit demystified.
1. I think, you should first review the material that your teacher gave you before the assignment. Probably, he gave the question according to the stuff that you got over during the cource. If the teacher requires you to write grounded responce about Mr. Smiths position, that is to refer to legislation, then he should have provided you with relevant laws or references.
2. The rules of states are different, so it is a little hard to talk about the position of the client in current situation.
f.e violation of consumer rights is observed according to the legislation of my state. In this case Mr. Phoilmore makes public offer by displaying furniture in a show room, so he cannot refute buyer's offer to buy something, just because he is a disagreeable client. So, the consumer may complaint to court. The seller should explain terms and conditions of an agreement even if there is no written contract. If the client agrees, the agreement can take place. As Daniel says, much depends on the method of payment. F.e, if the payment to be made instantly, in cash, but a client does not have enough money, then the seller may refuse to sell.
In addition, if Mr. Phoilmore asserts the client to be slow to pay up, then he has to prove it. Unpaid bills or bills not paid in time for previous purchases can serve as proof. In any case the burden of proof lays on the seller.
you should first review the material that your teacher gave you before the assignment.
Yes, this is what I was thinking. Do your class readings show a situation in which a customer is being discriminated against?
I hope you'll look at the class readings and search for key words that tell what you need to know. For example, how is the word "position" used in your class readings? That is a word I would look for.
