Commercial Law Essay Example | Topics and Well Written Essays - 2000 words - 5

Commercial Law - Essay Example If no intention is expressed, then section 18 is applicable, which provides that where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or delivery or both, be postponed. Once the goods have become ascertained in this case at point of delivery, then under section 18 of the SGA, the property will not pass (subject to contrary intention in the contract) until goods are unconditionally appropriated to the contract by one party with the assent of the other. Furthermore, as highlighted in the case of Ward v Bignall4, there is a presumption that ownership passes to the buyer on delivery. The current scenario points towards a contract for ascertained goods and therefore it is likely that ownership of the property will pass on delivery based on the SGA provisions and established case law. 1b) With regard to protection against the risk of non-payment, the greatest risk to Micro Maker is if the property passes in the goods to Lacey upon delivery. As such, it would be prudent for Micro-Maker to include a retention of title clause in its agreement with Lacey in order to ensure that it can recover its goods in the event of non-payment5. Micro-Maker should also try and agree a clause whereby the risk passes to Lacey upon delivery6. This right to reservation of title has through practice been termed the â€Å"Romalpa† clause7, due to the case of Aluminium Industries v Romalpa Aluminium8, which set out guidelines regarding enforceability of reservation of title clauses: This would be the best course of action for Micro-Makers. It is further submitted that any such reservation of title clause should require Lacey to store the microwaves separately from other products and include a right of entry for

Buyer behaviour Essay Example | Topics and Well Written Essays - 2000 words

Buyer behaviour - Essay Example The brand was also listed as the #1 company in the world by Forbes.com in June 2012. The rankings were based upon aspects such as people’s willingness to buy, recommend, work for, and invest in a company which is 60% driven by the perceptions of the company and only 40% by the perceptions of their products. The Target Audience/Market Segment: The ad, in this context, is designed for the market segment of an elite upper class that touts trendy styles and exquisite tastes as the marks of their identity, as can be evidenced from the lady’s appearance and the driver’s initial introduction of her. The audience does not get to see her eyes, covered by dark sunglasses, but are told that the first thing one will notice about her is her â€Å"bright, blue eyes† which are usually covered up, but when one sees them â€Å"it’s worth it† (Most Expensive BMW Ad Ever-BMW, 2011). The ad subtly hints here that if the consumer notices the features of BMW, they will know the worth of it. The upper class consumer, who the ad targets, will definitely understand the cue. The target market segment is also likely to be educated, rich and willing to spend heavily on luxury items. Thus, the ad is appropriate in every context to the target consumer. Features and Benefits being Offered: BMW packs their engine with effective features and style according to customer segments. â€Å"The all new BMW 3 series sedan features the BMW Twin Power Turbo four-cylinder diesel engine of its predecessor, which has been honed for even greater fuel economy and lower emissions with no reduction in power output. The 2.0-litre four-cylinder engine is from the same family as the regular BMW 320d engine and shares the same all-aluminium crankcase, VNT turbocharger and latest-generation common rail direct injection† (BMW 3-Series (2012), 2005). Additional features like a slight reduction in maximum output rating, the rpm-reducing, friction-reduced powertrain des ign and an optimized aerodynamics package has helped BMW to bring down its CO2 emission to the lowest. It also comes with 5 rear view cameras to support complete driving safety. The safety measures provided include dual front airbags, side airbags and head protecting side curtains.The BMW 3-Series Sedan is also equipped with an Auto Start-Stop function, which analyses and automatically turns off the engine during short stops to save fuel. The BMW also features important safety measures such as antilock brakes (ABS), electronic stability control (ESC) and electronic brake force distribution (EBD). Intelligent seat belt reminders are also fitted to all seats as a measure of safety and comfort. In the context of this ad, the features of the product remains emphasized throughout, right from its beginning. The lady explicitly expresses that she is done with black, thus connoting to the appeal of the change to white. The car’s manoeuvrability becomes evident when it glides through the mob whereas the car that follows gets trapped. The lady scolds the driver for his lack of pace as she wants to lose her trailing bodyguards. He picks up speed, takes several abrupt twists, turn and swerves that throw the lady around to all nukes and corners of the car but she remains in good shape. Thus, the ad, through the action unfolding before the audience’s eyes, illustrates the features of the car in terms of visual appeal, speed, manoeuvrability, comfort