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Uploaded: 08.12.2013
Content: 31208173543337.doc 53 kB
Product description
Task 1
LLC "Department" sold under contracts of retail purchase and sale of refrigerators produced by production company "PAX" in accordance with the delivery contract. During the warranty period, consumers were discovered several flaws to fix costs were reimbursed by the seller (LLC "Department").
These circumstances have led to the presentation of the store requirements for damages to the manufacturer of the goods - LLC "Temp". His claims the plaintiff argued article. 18 of the RF Law "On Protection of Consumers' Rights. On the basis of this article, the citizens exercised their right to reimbursement by reference to the seller under the contract of retail purchase. LLC "Department" meet the demands of customers. Therefore, according to the complainant, he had a right of recourse (regression) in the amount of consideration paid as a supplier under the contract, and the manufacturer of the goods, to establish the warranty period.
Questions.
1. Which agreement have been concluded?
2. Who and under what conditions is responsible for the quality of the goods under the contracts?
3. Is the requirement of the plaintiff? Why is it inappropriate to demand?
Task 2
Company appealed to the arbitration court against the Company for the recovery of the difference in the cost of the commodities exchanged. At the hearing it was established that the parties entered into swap agreements under which the Company transferred the company at an agreed specification a few cars, but recently transferred to the plaintiff on the same document tires. On the basis of the amounts specified in the specification, the cost of commodities exchanged was not the same.
Questions.
1. In some cases, the goods exchanged are recognized as unequal?
2. What decision will make the court? In answering analyze relevant practice.
Task 6
Entrepreneur Petrova IL It distributes medical cosmetics company "Medical Care". Between the firm and the entrepreneur was awarded a contract in which "Medical Care" is obliged to put the entrepreneur Petrova IL cosmetic products in the amount of 29,846 rubles in accordance with the attached specifications. The company with its obligations under the contract are fulfilled. After the implementation of the said goods Petrova IL He appealed to the arbitration court against the company for the recovery agency fee. According to the plaintiff, called Agent contracts are, as it distributes cosmetics firm.
Task 7
Driver Zavyalov led technically serviceable car owned by OOO "duty", in full accordance with the rules of the road. Suddenly, on the roadway near the car ran a citizen, who was in a drunken state. To avoid hitting him, Zavyalov was forced to turn to the left. As a result, the citizen who has created an emergency situation which has been brought down, and the car hit the Zavyalov parked on the roadside car belonging to c. Slesarenko.
C. Slesarenko sued the company "Duty" for compensation of 30 thousand. Rubles - the amount of damage caused to his car. Also, the requirement for compensation for damage caused temporary disability, was declared a citizen, ran out into the road.
The withdrawal of the case to the Court, the defendant asked to deny the claim, referring to the fact that in this case the owner of the source of increased danger acted in a state of emergency.
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