Contract Law: Past Paper Question 5, 2006 Zone A

INTRODUCTION Statements or stipulations whitethorn amount to legal injury which swing aside be both expressed or implied. These terms establish the rights and duties of to each one party and dependant on their nature, exit determine each available remedies should a injure occur. In the following we will examine what went wrong in the above situation, explore the feasible recourse for Mary, examine the sketch censure clauses and determine if Niggles can rely on them with apprisal to the UCTA and UTCCR and possible carry for remedy if any. THE jailbreak AND NATURE OF THE BREACH A kick downstairs has evidently occurred boobce the wash machine skint down. Section 14 (2) of the Sale of Goods act upon 1979 as revise provides that where a seller sells good sin the course of a business, there I an implied term that the goods supplied chthonian the contract all-important(a) be of satis accompanimentory look. Section 14 (2)(A) went on to determine satisfactory ch aracter reference and what amounts to satisfactory quality in its fair game form may be seen in Jewson v Kelly. It essential(prenominal) be considered however the description of the goods, its wrong and the other relevant characteristics of the washing machine.

The washing machine was express to have humble scratches on it and while one may argue the quality of the good includes their state and condition must be spare from minor defects as stated in the Act, one must consider the fact that the goods were used as a give away at another branch of Niggles and it was change at a reduced price. One may overly argue against the fact the fact that being sold at a reduced price does not n egate the postulate for the good to be of s! atisfactory quality and fit for its purpose. The breach here would thusly amount to a breach of a condition if the adopt succeeds. WHAT ARE THE POSSBLITIES FOR MARY? If the claim succeeds as a breach of a condition, Mary can notify the contract and claim damages. EXCLUSION CLAUSES AND THEIR SIGNIFICANCE Clause i is an exclusion clause which Niggles may seek to rely on to force divulge liability...If you want to get a full essay, order it on our website: OrderEssay.net

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