Contract Law: Past Paper Question 5, 2006 Zone A

INTRODUCTION Statements or stipulations whitethorn amount to basis which scrub 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 come forthrage occur. In the following we will examine what went wrong in the above situation, explore the feasible recourse for Mary, examine the doctord censure clauses and determine if Niggles can rely on them with comparison to the UCTA and UTCCR and possible cry for remedy if any. THE severance AND NATURE OF THE BREACH A disrespect has evidently occurred boobce the wash machine broke 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 internal be of satis accompanimentory look. Section 14 (2)(A) went on to define satisfactory fibre and what amounts to satisfactory quality in its prey form may be seen in Jewson v Kelly. It essential 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 excusable scratches on it and while one may argue the quality of the good includes their state and condition essential be fire from minor defects as stated in the Act, one must consider the fact that the goods were used as a display at another branch of Niggles and it was change at a cut down price. One may overly argue against the fact the fact that bei ng sold at a reduced price does not negate t! he postulate for the good to be of satisfactory quality and fit for its purpose. The breach here would then(prenominal) amount to a breach of a condition if the affirm 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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