Commercial Law Q&A 2003-2004 3 e (Cavendish Q & a) by Dobson

By Dobson

A part of the winning Routledge-Cavendish Q&A sequence, which gives scholars with crucial recommendation and counsel for essay and examination luck, Q&A advertisement legislations 2007-2008 has been totally up-to-date and revised to include new advancements in advertisement legislation, together with the patron credits Act 2006. Incorporating the entire major parts of the topic from sale of products via buyer credits to service provider and foreign alternate, it includes a diversity of pedagogical good points together with: fifty questions about issues quite often chanced on on examination papers accomplished recommended solutions. Written by way of academics who're additionally examiners, this booklet offers scholars an enormous perception into precisely what examiners are searhing for in a solution, making it a superb revision and perform advisor.  

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There is now, however, a different way—that is, outside the law of contract—where a buyer (or indeed a consumer who, like Harry’s wife, was not a buyer) may be able to have a remedy against someone for damage General Questions 13 caused by defective goods. This is by relying on Pt I of the Consumer Protection Act 1987. This introduces a regime of strict liability into the law of tort to enable a claim to be brought against the manufacturer (or importer into the European Union). This is not so much an inroad into the doctrine of privity of contract as the provision of a way round it.

The seller accepts no liability in respect of any statements made prior to the contract unless such statements have been put in writing. ’ Assuming that Consultants plc did not take advantage of the opportunity to take up the guarantee, advise Consultants plc as to the validity and effectiveness of such a clause. Answer plan Occasionally, examiners ask a question which refers back or forward to another question in the same paper. This, of course, saves the examiners from having to dream up a separate factual scenario.

Checklist The following topics should be prepared in advance of tackling the questions: • • • • • • • • • • • the statutory implied terms in ss 13 and 14 of the Sale of Goods Act 1979; the same terms implied by the Supply of Goods and Services Act 1982; terms as to the provision of services implied by the Supply of Goods and Services Act 1982; rules in s 30 of the Sale of Goods Act 1979 as to delivery of the wrong quantity; remedies for breach of the implied terms; acceptance within the meaning of ss 35 and 35A of the Sale of Goods Act 1979; collateral contracts; product liability under Pt I of the Consumer Protection Act 1987; the law on exclusion clauses—in particular, the provisions of the Unfair Contract Terms Act 1977; misrepresentation; trade descriptions.

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