Contract Law: Past Paper Question 5, 2006 Zone A

INTRODUCTION Statements or stipulations whitethorn amount to toll which clash 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 pique occur. In the following we will examine what went wrong in the above situation, explore the feasible recourse for Mary, examine the coiffured censure articles and determine if Niggles can rely on them with semblance to the UCTA and UTCCR and possible direct for remedy if any. THE assault AND NATURE OF THE BREACH A crack 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 necessary be of satis incidentory look. Section 14 (2)(A) went on to define satisfactory note and what amounts to satisfact ory quality in its object form may be seen in Jewson v Kelly. It moldiness(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 meek scratches on it and while one may argue the quality of the good includes their state and condition must be lax from minor defects as stated in the Act, one must consider the fact that the goods were used as a flourish at another branch of Niggles and it was change at a cut back price. One may overly argue against the fact the fact that being sold at a red uced price does not negate the postulate fo! r the good to be of satisfactory quality and fit for its purpose. The breach here would accordingly amount to a breach of a condition if the aver 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 unwrap liability...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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