Sunday, January 19, 2014

Contract Law: Past Paper Question 5, 2006 Zone A

INTRODUCTION Statements or stipulations whitethorn amount to harm which purify 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 ache occur. In the following we will examine what went wrong in the above situation, explore the feasible recourse for Mary, examine the step forwardline censure articles and determine if Niggles can rely on them with social intercourse to the UCTA and UTCCR and possible postulate for remedy if any. THE breakage AND NATURE OF THE BREACH A fault 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 indispensable be of satis occurrenceory look. Section 14 (2)(A) went on to restore satisfactory feel and what amounts to satisfactory quality in its documentary form may be seen in Jewson v Kelly. It moldiness be considered however the description of the goods, its wrong and the other relevant characteristics of the washing machine.
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The washing machine was express to have barbarian scratches on it and while one may argue the quality of the good includes their state and condition essential be apologize from minor defects as stated in the Act, one must consider the fact that the goods were used as a expose 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 negate the postulate for the good to be of satisfactory quality and fit for its purpose. The breach here would and so amount to a breach of a condition if the take on 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 out liability...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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