Theory of Dispute Resolution - Essay Case Study

Theory of Dispute Resolution - Case Study Example According to the law of supply of goods and services, there are certain implied terms during the transfer of goods from the transferor to the transferee, most important being that the goods transferred are of good quality and fitness. This means that the transferor of goods has the obligation to ensure that all the goods transferred to the transferee are of satisfactory quality, and therefore, will perform their desired functions without fail. Thus according to this law, the transfer of faulty goods from the seller to the buyer is an offense. According to the facts of this case, Frontway Clutches Ltd. Sold repair parts to Mr. Conn, who is a garage owner, which turned out to be faulty, and thus inappropriate to fulfill their intended purpose. Consequently, he bears the responsibility of compensating the other party, namely Mr. McScrooge. However, the facts under this case are complicated by the fact that the substance or the commodity under dispute is unavailable for examination, whic h is an essential step towards proving the inappropriateness of the commodities supplied by Frontway Clutches Ltd. While Frontway Clutches Ltd. could be required to compensate Mr. ... McScrooge’s van, then he might bear the responsibility. Additionally, the burden of responsibility would even be bigger for the supplier, if the supplier was aware that the clutches that were sold to Mr. Conn were faulty. Therefore, while the substance of this case would majorly revolve around the quality and fitness of the commodity sold, the law would also be interested in discovering the intentions and the awareness of the parties involved in the sale and fixation of the car clutch. Liabilities of the parties involved Mr. Conn is the ultimate center of conflict, in this case, considering that he is the one responsible for fixing the clutch that failed in Mr. McScrooge van, while on the other hand, he had received the clutch from Frontway Clutches Ltd., without suspecting that the clutches had any problem.