Contract Law Assignment 3
This assignment involves me: * Explaining the law with respect to consumer protection * Analysing how consumers are protected in the event of a breach of contract for sale of goods * Describing remedies available for breach of contract * Analysing the remedies available to a business provider in the event of a breach of contract for the supply of goods or services
Task 1
Heep Ltd want to leave some lorries for two weeks at micawbers garage, the following morning heep received a note from micawaber, on the back were conditions exempting mikiwaber for ‘any kind of loss or damage in respect of vehicles in his care’ one of the lorries were left in a side street next to the garage while vehicles were being rearranged in the yard. It was stolen.
Advise both parties regarding liability for the stolen lorry
Consider common law and statutory provisions.
I would advise Heep to refer to Chapelton v Barry Urban District Council 1940 which deals with section 2(2),
Negligence - “Exclusion of liability for negligence other than for death or personal injury must satisfy the requirement of reasonableness” The case follows:
Chapleton hired two deck chairs, one of which collapsed injuring Chapleton, when hiring the deck chairs she has been given a ticket (headed receipt) and on the back was a clause excluding liability for any injuries.
It was then held that this clause was not in a reasonable place as all anyone would think is that they were getting a receipt for their money, meaning the clause isn’t valid because it hasn’t been expressed with the proper intentions. I would also advise Heep that the purpose of leaving his lorries at mikiwabers garage was for them to be safe and so the implied term of the lorries being kept safe was then implied. As the garage is purpose made for the storage of motor vehicles and the lorries were in mikiwabers care it is up to mikiwaber to ensure the safety of any property he is responsible for under section 2(2).
Task 1
Heep Ltd want to leave some lorries for two weeks at micawbers garage, the following morning heep received a note from micawaber, on the back were conditions exempting mikiwaber for ‘any kind of loss or damage in respect of vehicles in his care’ one of the lorries were left in a side street next to the garage while vehicles were being rearranged in the yard. It was stolen.
Advise both parties regarding liability for the stolen lorry
Consider common law and statutory provisions.
I would advise Heep to refer to Chapelton v Barry Urban District Council 1940 which deals with section 2(2),
Negligence - “Exclusion of liability for negligence other than for death or personal injury must satisfy the requirement of reasonableness” The case follows:
Chapleton hired two deck chairs, one of which collapsed injuring Chapleton, when hiring the deck chairs she has been given a ticket (headed receipt) and on the back was a clause excluding liability for any injuries.
It was then held that this clause was not in a reasonable place as all anyone would think is that they were getting a receipt for their money, meaning the clause isn’t valid because it hasn’t been expressed with the proper intentions. I would also advise Heep that the purpose of leaving his lorries at mikiwabers garage was for them to be safe and so the implied term of the lorries being kept safe was then implied. As the garage is purpose made for the storage of motor vehicles and the lorries were in mikiwabers care it is up to mikiwaber to ensure the safety of any property he is responsible for under section 2(2).
Bibliography: http://www.weblaw.co.uk/articles/consumer-protection-distance-selling/ http://www.e-lawresources.co.uk/Spurling-v-Bradshaw.php