Case note on the case of stevenson and another v rogers [1999]

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  Case note on the case of Stevenson and Another v Rogers [1999] - A fisherman sold his boat and purchased a replacement and the boat was not of satisfactory/merchantable quality. Reasoning of decision was Broad interpretation to “in the course of a business” therefore implied term and Different interpretation to R&B Customs Brokers v united Dominions Trust which applied the phrase in the context of the Unfair Contract Terms Act 1977
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  • 1. Case note on the case of Stevenson and Another v Rogers [1999]
  • 2. Requirement • Question: For coursework one you are asked to complete a case note on the case of Stevenson and Another v Rogers [***9] 2 W.L.R. 1064. Your case note should address the following aspects (marks noted in brackets): 1 A brief synopsis of the material facts of the case (10 marks) 2 The ratio decidendi and obiter dicta (10 marks) 3 An analysis of the reasoning of the main judgement (Potter LJ) (25 marks) 4 An analysis of the importance of Pepper (Inspector of Taxes) v Hart [1992] UKHL 3 to the decision (20 Marks) 5 An analysis of the effect of the decision in Stevenson and Another v Rogers [1999] 2 W.L.R. 1064 in relation to claims for breach of S14 Sale of Goods Act 1979 (35 marks) Word Limit: 1000 words excluding footnotes and bibliography. For more information :https://myassignmenthelp.com/answers/taxes-question-for-coursework-one-you-are- asked-to-complete-a-case-note-on-the-ca.html
  • 3. Material Facts of The Case • The defendant in this case was a fisherman who sold his boat to the claimant. • An action was initiated by the claimant against the defendant that the boat was not of satisfactory quality and was based on the breach of section 14 of the Sale of Goods Act. • But section 14 of the Sale of Goods Act is only applicable to the goods that have been sold by one party to the other in course of business. https://myassignmenthelp.com/answers/taxes-question-for-coursework-one-you-are- asked-to-complete-a-case-note-on-the-ca.html For more information :
  • 4. • The defendant claimed that the boat was not sold in the course of his business but this was held by the court stating that, he would have sold the boat during the course of his business. • The defendant had been a fisherman since last 20 years and during his early fishing days had been using a fishing vessel named Dolly Mop which he sold in 1986 ,he also had purchase a boat Jelle in 1983 but sold it in April 1988. • He further brought Marilyn Jane to carry on with his fishing business. https://myassignmenthelp.com/answers/taxes-question-for-coursework-one-you-are- asked-to-complete-a-case-note-on-the-ca.html For more information :
  • 5. The Ratio Decidendi and Obiter Dicta • To make a decision in this case the Court of Appeal had to decide the meaning of the term “in the course of business” ” as mentioned in section 14 of the sale of goods act, 1979. • In an earlier decision, given in case titled R&B Customs Brokers v UDT (1988), the court had decided the meaning of this phrase as it was present in section 12 of the Unfair Contract Terms Act, 1977 https://myassignmenthelp.com/answers/taxes-question-for-coursework-one-you-are- asked-to-complete-a-case-note-on-the-ca.html For more information :
  • 6. Analysis of the Reasoning of the Main Judgment • Section 14(2) of the 1979 Act intended to broaden the protection that was offered to the purchasers. • The Court of Appeal arrived at the conclusion that the sale of “Jelle" can be considered to be a sale that has taken place “in the course of business. • The approach provided in Pepper (Inspector of Taxes) v Hart [1993] 1 All ER 42 was described by the court as appropriate. • Section 14 of the sale of goods act provides that terms regarding quality and title are implied and are only relevant where the seller is acting “in the course of business”. https://myassignmenthelp.com/answers/taxes-question-for-coursework-one-you-are- asked-to-complete-a-case-note-on-the-ca.html For more information :
  • 7. An analysis of the effect of the decision in Stevenson and Another v Rogers (1999) • The phrase “in the course of business” has received significant judicial consideration and as a result of the decision given in Stevenson v Rogers, a white definition has been given to this requirement. • It now encompasses all the activities that are ancillary or even loosely associated with the business of a company. https://myassignmenthelp.com/answers/taxes-question-for-coursework-one-you-are- asked-to-complete-a-case-note-on-the-ca.html For more information :
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