StudentShare solutions
Triangle menu

CONTRACT LAW ASSIGNMENT 5 - Essay Example

Nobody downloaded yet

Extract of sample
CONTRACT LAW ASSIGNMENT 5

Goods should be of satisfactory quality, fit for the purpose, and should be as description. Goods sold must be 'conform to contract' fit for the quality and satisfactory for the intended use of customer. They should be durable, safe, devoid of minor defects. (Sale of Goods act, 1979, Supply of Goods Act, 1982, The Sale and Supply of Goods to Consumers Regulations, 2002).
Under Consumer Protection Act 1987, or under common law, despite there being no contractual relationship between Mary and manufacturer she would be able to pursue the manufacturer for negligence while manufacturing and endangering her life. Also she could pursue the retailer, or breach of contract under SGA.
All the guarantees are legally binding and will stand in a Court of Law. But the clause that any further injury or damage caused by their faulty goods would not be entertained by them will not stand in a court of law. They might have written that for their own protection; it need not necessarily be a legal verdict. In this case the alarm has caused extensive damage within a day and Mary can prove that she was not at fault and did not misuse the alarm in any way. Hence, the protection clause the retailer will not protect him because it will be read as unfair contract terms and thus, will have no legal standing.
Misrepresen

(d) What damages could Mary possibly recover as a result of the incident, if any

Misrepresentation Act of 1967 can be used here, along with Trade Description Act 1968. Mary can claim compensation for the damage caused by unsafe goods including shock and personal injury. As she herself has bought the goods, she can claim from either the trader or manufacturer. Mary in all probability has to go to court to get compensation because this is a complex legal area and it is necessary to have legal advice. Mary can to go Citizens Advice Bureau which would be helpful..


(e) If Mary decided to pursue an action to recover damages, in what Court would she start her action and why

It should have been the Small Claims Court, if the claim is less than 5,000.

(f) Would the position be any different if Jane was Mary's Mother and Jane had served her when she bought the Alarm

No. Even if Jane was Mary's mother, she would be part of Square Deal Electrics and a trader while serving a customer, whoever it is. Relationship does not make any difference unless it is a private sale and if it is one, law renders least amount of protection on faulty goods.

Mary is entitled to ask for the contract money to be returned. Due to basic faults in goods, there had been extensive damage not only for Mary's property, but also for her friend's gold watch, so this case reaches a different parameter. Under this context, it is not possible to ask for a replacement or repair. Onus is always on the purchaser to prove that goods are faulty beyond doubt and here it is not a problem to prove it. Goods should be 'fit ...Show more

Summary

There is definitely a contract between John and Jane trading as Square Deal Electrics and their customer Mary. "1. - (1) In Section 14 of the [1979c. 54] Sale of Goods Act 1979 (implied terms about quality or fitness) for subsection (2) there is substituted: (2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality…
Author : watsicablaze
CONTRACT LAW ASSIGNMENT 5 essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"CONTRACT LAW ASSIGNMENT 5"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Contract Law Assignment
In other words, domestic agreements are not binding unless an intention to create legal relationship is evident as held in Balfour v Balfour (1919). The elements which should be present in a contract are 1) Offer and Acceptance, 2) consideration, 3) Formative requirements such as capacity of parties, intention to create legal relationship, and certainty of terms (Macmillan and Stone, 2009).
5 pages (1250 words) Essay
Contract Law Assignment
Hence, contract law determines the rights and duties of the parties to the contract by legally bound them to perform or abstain from performing an act in the light of the terms and conditions agreed by the parties at the time of entering into the contract.
6 pages (1500 words) Essay
Contract Law Master Essay
Thus, I would tell my French friend that the codified French legal system is different from the English legal system which is a common law system relying on case law or the ratio decidendi of past cases and statutory laws (Owens 2001,p.3). a) A contract is a meeting of minds between two or more parties by which one party makes an offer and the other party accepts the offer.
13 pages (3250 words) Essay
Contract Law assignment question
A contract according to English and common law is a legal binding containing exchange of promises between the parties involved. The law will enforce the contract if any of the parties breach the contract. The breach of the contract can be recognised by the law and the remedies were provided in the law to make up the loss for the victim.
6 pages (1500 words) Essay
Contract law assignment
The paper ends with an advice to Melinda who is one of the contracting parties in this case. Melinda owns a small restaurant and lives above the restaurant with her family.
9 pages (2250 words) Essay
Contract Law
From the above discussion therefore, I would first advice the trio that they are entitled to the agreed prices as consideration. This is because consideration is a “tit for tat” or quid pro quo situation an agreement cannot be enforced in ‘something for nothing’ situation. It is the reason for the promise.
9 pages (2250 words) Essay
Contract law coursework
one defines as “what one party to an agreement is giving, or promising in exchange for what is being given or promised from the other side”2 is150,000 pounds, paid in installments and with 6000 pounds withheld. Although “silence cannot be regarded as evidence of
8 pages (2000 words) Essay
Law and Contract Strategy
When any one of the elements is absent, no contract is formed. For Larson (2003), the elements of a contract are: a) meeting of the minds, b) offer and acceptance, c) and mutual consideration. Another classification of
10 pages (2500 words) Essay
Contract law assignment
he Contract which one of the partners (possibly the stronger one) inserted into the document to save itself from unexpected liabilities through negligence or in case there is a sudden breach of contractual agreement. This stronger partner could be an employer, a big corporation
12 pages (3000 words) Essay
Contract Law
Raffia might be able to insist on the Institute accepting her tender as it was the lowest. If the institute can show that this would be unfair, then Raffia could lose her claim. If Raffia can show that she was pressured into accepting the part-payment she might be able to revert her legal right and claim the outstanding monies.
6 pages (1500 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Click to create a comment