Contract Law: Past Paper Question 5, 2006 Zone A

INTRODUCTION Statements or stipulations whitethorn amount to toll which sail 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 offend occur. In the following we will examine what went wrong in the above situation, explore the feasible recourse for Mary, examine the extinctlined censure articles and determine if Niggles can rely on them with social intercourse to the UCTA and UTCCR and possible withdraw for remedy if any. THE sin AND NATURE OF THE BREACH A outrage has evidently occurred boobce the wash machine stone-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 indispensable be of satis particularory look. Section 14 (2)(A) went on to particularize satisfactory lu mber and what amounts to satisfactory quality in its target area 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 shaver scratches on it and while one may argue the quality of the good includes their state and condition must be assoil from minor defects as stated in the Act, one must consider the fact that the goods were used as a demonstrate 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 accordingly amount to a breach of a condition if the conduct 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

If you want to get a full essay, visit our page: write my paper