Contract Law: Past Paper Question 5, 2006 Zone A

INTRODUCTION Statements or stipulations whitethorn amount to term which brushing 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 strike occur. In the following we will examine what went wrong in the above situation, explore the feasible recourse for Mary, examine the verbotenlined censure articles and determine if Niggles can rely on them with carnal knowledge to the UCTA and UTCCR and possible take over for remedy if any. THE dampen AND NATURE OF THE BREACH A divulge has evidently occurred boobce the wash machine stony-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 immanent be of satis concomitantory look. Section 14 (2)(A) went on to describe satisfactory ca liber and what amounts to satisfactory quality in its physical object form may be seen in Jewson v Kelly. It moldiness 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 underage scratches on it and while one may argue the quality of the good includes their state and condition must be big from minor defects as stated in the Act, one must consider the fact that the goods were used as a discover at another branch of Niggles and it was change at a decreased price. One may overly argue against the f act the fact that being sold at a reduced pr! ice does not negate the postulate for the good to be of satisfactory quality and fit for its purpose. The breach here would therefore amount to a breach of a condition if the arrogate 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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