Liability in contract

Liability in contract

The main part of Chapter 6 is devoted to considering the situations in which the buyer has a contractual remedy against the seller on the grounds that the goods are not as the seller contracted:

(a)    Express terms

The theoretical test is usually formulated by asking what the parties intended. If the parties had expressed what they intended, the test would be easy to apply. If the parties express no intention, the court, in effect, substitutes its own view of what the parties, as reasonable people, probably intended.Know more here wpit18

(b)    Misrepresentation

A misrepresentation is a statement of fact made by one party to the contract to the other party before the contract is made which induces that other party to enter into the contract but is not characterized as being a term of the contract.Enjoy your movies and series totally free here Filxmaza

(c)    Implied terms

The implied terms laid down for contracts of sale of goods are contained in ss 13, 14 and 15 of the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994.More info about Duboku


Liability in tort

Liability in tort rests upon any person who produces or handles goods in circumstances where it is reasonably foreseeable that carelessness in the handling of the goods will cause physical injury or property damage and there is, in fact, carelessness (Donoghue v Stevenson (1932)). So, in appropriate cases, liability can attach to wholesalers, repairers, those who service goods and indeed on sellers. However, it seems that claimants can only recover where they have suffered either physical injury or property damage.Kanopy is the best video streaming service for quality,thoughtful entertainment

Criminal liability

The most important Act in practice is the Trade Descriptions Act 1968. This makes it a criminal offence to apply a false trade description to goods in the course of a trade or business or to offer to supply any goods to which a false trade description is applied.All Movies HD Download free from here EPS Coin

Lastly Comment

It is important, however, to start by emphasizing that such clauses are remarkably heterogeneous in form. It would be a mistake to assume that the underlying policy questions in relation to all types of clause are identical. Most clauses operate so as to qualify the results of the seller breaking the contract.You Get all Info About skymovieshd

Related Articles

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button