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APPLICATION OF LAW

BUSINESS LAW

Muhammad Naufil
14275

Date: 15/12/2018
Question 1

Law plays an important role in the supply chain field which is the career field of Mr. Wali Ullah
whom I interviewed. Mr. Wali Ullah is Assistant Manager Supply Chain at Dairyland Pvt. Ltd which
is the manufacturer of Dayfresh milk. According to him law is very important in all fields and it is
no different in supply chain. Supply Chain is a field where they have to procure plant and
machinery parts and other related goods to the business so that the business can keep operating
without any obstacles. There have to import them too which requires registrations and licenses.
One of them is the WEBOC (Web Based One Customs) registration in which some documents
such as CNIC copy, bank statement copy, NTN verification copy, Active Tax Payer copy etc. are
required. You are allowed to export and import only after that. Apart from this they have to
provide a letter of credit which they need to get from their affiliated bank to the party that they
have agreed to purchase from which states that the foreign bank will make payment to the seller
on behalf of the bank here for prompt payment and then later the transfer of money would take
place between the banks. For any deal made there needs to be a contract signed that has the
terms and conditions that both parties have to follow that includes all the responsibilities of both
the parties to contract, who will be responsible after the shipment has left the port and who will
be responsible if there is any accident which might result in the parts being lost or any robbery
in transit. It also includes details about after sales services if there is any problem within the
machinery their personnel would visit Pakistan for repairs.

When asked about the employment contract Mr. Wali Ullah replied that important documents
such as CNIC, educational documents, etc. were required as proof and they need to be attested.
Other than that, some conditions are also attached in the employment contract such as if the
employee is found guilty of corruption or any other criminal charge he may be dismissed.
Employees are not allowed to operate their own businesses and are employed on a probation
period of 3 months after which they will receive offer letter for the job.
Question 2

Online Shopping Website-Amazon

 All purchases of physical items from Amazon are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to the buyer upon delivery to
the carrier.
 Amazon does not take title to returned items until the item arrives at their fulfillment
center. At their discretion, a refund may be issued without requiring a return. In this
situation, Amazon does not take title to the refunded item.
 Amazon does not warrant that product descriptions or other content of any Amazon
Service is accurate, complete, reliable, current, or error-free. If a product offered by
Amazon itself is not as described, the buyer should return it in unused condition.
 Certain products may have a "Was Price" displayed, which is determined using recent
price history of the product on Amazon. With respect to items sold by Amazon, they
cannot confirm the price of an item until the buyer orders. Despite best efforts, a small
number of the items in their catalog may be mispriced. If the correct price of an item sold
by Amazon is higher than their stated price, they will either contact the buyer for
instructions before shipping or cancel the order and notify buyer of such cancellation.

Warranty-Canon Instant Gas Water Heater

 The warranty shall be valid only if the product is in use of the original buyer, warranty
card is duly and completely filled, signed and stamped by any authorized dealer. This
warranty card is not transferrable and changeable.
 Any part of Canon Instant Water Heater, if found to be defective in material or
workmanship within one season of purchase, will be repaired or replaced free of charge
by a new or functionally operative part.
 During three months from date of purchase, one visit will be free by the company. Visit
charges Rs.300 will be applied after three months from date of purchase.
 The warranty will not be valid if it is defected due to abnormal gas, misuse or natural
disaster.
Rent Agreement

 The tenant must deposit a sum of Rs.100,000, which will be treated as Fixed Security
Deposit Money, refundable to the tenant at the time of entire vacation of the said
premises (without interest) after deducting rent, utilities bill, dues, damages, charges, if
any.
 The tenant agrees to pay advance rent for one month to the owner, i.e. Rs 26,000 which
will be adjustable in rent.
 The tenant shall use the said premises for residential purpose only, and will not be used
for any social/illegal purpose, and shall not sub-let the said premises to any other person
and tenant shall nor carry out the unlawful activities/business there in the said premises
neither shall store explosive or hazardous material in or nearly the premises.
 The tenant shall pay the monthly rent to the owner by 1 st to 10th day of each month in
advance, according to the English calendar.

Youtube

 In order to access some features of the Website or other elements of the service, we will
have to create a YouTube account. When creating account, we must provide accurate and
complete information. It is important that we must keep our YouTube account password
secure and confidential.
 We agree that we will be solely responsible (to YouTube, and to others) for all activity
that occurs under our YouTube account.
 We agree not to access Content through any technology or means other than the video
playback pages of the Website itself, the YouTube Player, or such other means as YouTube
may explicitly designate for this purpose;
 we agree not to or attempt to circumvent, disable or otherwise interfere with any security
related features of the Service or features that prevent or restrict use or copying of
Content or enforce limitations on use of the Service or the content accessible via the
Service
Question 3

Doctrine of Frustration

A frustrated contract is a contract that, subsequent to its formation, and without fault of either
party, is incapable of being performed due to an unforeseen event, resulting in the obligations
under the contract being radically different from those contemplated by the parties to the
contract. Doctrine of Frustration states that the legal consequence of a contract which is found
to have been frustrated is that the contract is automatically terminated at the point of
frustration. However, the contract will not be seen as frustrated under following condition

 if one party strikes a bad bargain


 if the event is foreseen
 if one of the parties is at fault

Caveat Emptor

Caveat emptor is a Latin term that means "let the buyer beware". Similar to the phrase "sold as
is," this term means that the buyer assumes the risk that a product may fail to meet expectations
or have defects. In other words, the principle of caveat emptor serves as a warning that buyers
have no recourse with the seller if the product does not meet their expectations. A common
example is a used car transaction between two private parties. The buyer must take on the
responsibility of thoroughly researching and inspecting the car he may take it to a mechanic for
a close inspection before finalizing the sale. If something comes up after the sale, maybe a
transmission failure, it is not the seller's responsibility.

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