Contract Law: Past Paper Question 5, 2006 Zone A

INTRODUCTION Statements or stipulations whitethorn amount to footing which tangle 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 pommel occur. In the following we will examine what went wrong in the above situation, explore the feasible recourse for Mary, examine the fructifyd censure clauses and determine if Niggles can rely on them with comparison to the UCTA and UTCCR and possible necessitate for remedy if any. THE intermission AND NATURE OF THE BREACH A dampen has evidently occurred boobce the wash machine broke down. Section 14 (2) of the Sale of Goods act upon 1979 as amend 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 substantive be of satis detailory look. Section 14 (2)(A) went on to define satisfactory part and what amou nts to satisfactory quality in its object glass form may be seen in Jewson v Kelly. It must be considered however the description of the goods, its wrong and the other pertinent characteristics of the washing machine. The washing machine was express to have pocketable scratches on it and while one may argue the quality of the good includes their state and condition must be poverty-stricken from minor defects as stated in the Act, one must consider the fact that the goods were used as a present at another branch of Niggles and it was change at a decreased 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 then(prenominal) amount to a breach of a condition if the need 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 SIGNIFICANC! E Clause i is an exclusion clause which Niggles may seek to rely on to force bring out liability...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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