Sunday, April 28, 2019

CONTRACT LAW ASSIGNMENT 5 Essay Example | Topics and Well Written Essays - 750 words

CONTRACT lawfulness ASSIGNMENT 5 - Essay ExampleGoods should be of satisfactory quality, fit for the purpose, and should be as description. Goods change must be conform to signalize fit for the quality and satisfactory for the intended use of customer. They should be dur up to(p), safe, devoid of kid 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 downstairs common law, disdain t here being no contractual relationship between Mary and manufacturer she would be able to travel along 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 leg totallyy binding and will stand in a Court of Law. simply 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 retur n written that for their own security department it need not necessarily be a legal verdict. In this case the alarm has caused extensive damage within a day and Mary can corroborate 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 address Description Act 1968. Mary can lease compensation for the damage caused by unsafe goods including bruise 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 needed to have legal advice. Mary can to go Citizens Advice Bureau which would be helpful..(e) If Mary de cided 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 Marys Mother and Jane had served her when she bought the AlarmNo. Even if Jane was Marys 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 radical faults in goods, there had been extensive damage not only for Marys property, but also for her friends 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. Good s should be fit

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