13.New arbitration scheme vs. Conventional employment tribunal process

The new arbitration scheme is administered by the Advisory, Conciliation and Arbitration Service (ACAS). There are significant differences between the new arbitration scheme and the conventional employment-tribunal process. The key features of the ACAS arbitration scheme are as follows: • The scheme is entirely voluntary and is available only in respect of unfair dismissal claims. It can be used only where both parties agree to it and waive certain rights they would have at an employment tribunal. • Hearings will be held in private in such places as an ACAS office or a hotel and will normally be completed within half a day. Written statements of their case may be submitted by the parties in advance. • The case will be heard by an experienced arbitrator, chosen by ACAS, not the parties themselves. Legal representatives may be used by the parties. • There is no set format for the hearing. Arbitrators have a general duty to act fairly and impartially between the parties, giving each party a reasonable opportunity to plead his or her case and respond to that of the other party. The process is intended to be 'inquisitorial' or 'investigative', rather than adversarial as in tribunal hearings - no cross-examination will take place. • Each party covers their own costs in attending the hearing. However, if a dismissal is found to be unfair, the arbitrator can include in the calculation of any compensation a sum to cover the costs incurred by the employee in attending the hearing. • Arbitrators are required to apply EC law and the Human Rights Acts 1998 (on which a legal adviser may be appointed to provide guidance), but otherwise, instead of applying strict legal tests and case law, the arbitrator's decision will have regard to 'general principles of fairness and good conduct in employment relations'. • As with unfair dismissal cases determined by an employment tribunal, reinstatement, re-engagement and compensation are the available remedies if the dismissal is not upheld. Unlike tribunal cases, however, the award is confidential to ACAS and the parties, and the arbitrator's decision will be final and binding. • There is only very limited scope for appealing or challenging the arbitrator's award.

14.Implied warranties as an aspect of sale of goods

The sale of goods entails a broad area of the law which is largely governed by legislation. Where an aspect of the law is not regulated by legislation, it is governed by the common law or often by general principles of law in non-common law jurisdictions. The aspects of sale of goods governed by legislation include such things as contract formation , price, Passage of title, Warranties of title, Implied warranties, Express warranties, Disclaimers of warranties, Remedies for breach of warranty, Delivery and acceptance of goods, And the passing risk. Different warranties play a major role in the sale of goods. Implied warranties are such warranties which do not need to be expressed bur which the law implies. Some of these types of warranties would include warranties of title, fitness for a particular purpose and quality or merchantability. Many times the application of the latter two types of warranty depends upon the type of sale( for example sales by sample) and whether the seller is a merchant acting in the course of business.

15.Express warranties as an aspect of sale of goods

Express warranties are warranties which are specifically stated either in writing or orally , as the case may be. Under many statutory provisions , an express warranty cannot nagate an implied warranty of the relevant legislation. A common feature of legislation governing the sale of goods is to restrict the ability to limit warranty liability through exclusions or disclaims in the contract. 

16. “retention of title” clause

I want to tell you about the meaning of retention of title clause and why it is important. A retention of title clause is designed to provide protection for a seller who is unable to obtain payment for goods which have already been delivered to the buyer. The retention of title clause will provide that, although physical possession of the goods has passed to the buyer, title to the goods is retained by the seller. A valid retention if title clause can provide security in the event of the buyer’s insolvency and absent insolvency allow the seller to recover the goods supplied if they have not been paid for.