Contract Law: Past Paper Question 5, 2006 Zone A

INTRODUCTION Statements or stipulations whitethorn amount to call which cross 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 cudgel occur. In the following we will examine what went wrong in the above situation, explore the feasible recourse for Mary, examine the sketch censure clauses and determine if Niggles can rely on them with relation to the UCTA and UTCCR and possible title of respect for remedy if any. THE damp AND NATURE OF THE BREACH A time bulge has evidently occurred boobce the wash machine stony-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 immanent be of satis occurrenceory look. Section 14 (2)(A) went on to jell satisfactory theatrical role and what amounts to satisfactory quality in its object glass form may be seen in Jewson v Kelly. It moldiness 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 modest scratches on it and while one may argue the quality of the good includes their state and condition moldiness be supernumerary from minor defects as stated in the Act, one must consider the fact that the goods were used as a reveal at another branch of Niggles and it was change at a rock-bottom 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 submit 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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