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Essay / Research Paper Abstract
This 4 page paper considers a case supplied by the student. A contractor has undertaken work installing lighting negligently and using faulty fuses. The result is damage to property and injury to people. The contractor is trying to avoid liability with exclusion clauses in the contract. The paper considers the situation with reference to the Sale of Goods Act, Sale of Goods and Services Act, the Unfair Contracts Act, the Consumer Protection Act 1987 as well as the use of case law and a consideration of liability under tort. The paper is written with reference to English law. The bibliography cites 4 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEliabity.rtf
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Unformatted sample text from the term paper:
there has also been damage to property as a result of substandard fuses being fitted. The electrician is seeking to avoid liability with two clause, one of which states they
accept no liability for any injuries howsoever cause and a second clause that states they accept liability to damage to property is limited to the cost of the work undertaken.
There are several issues here. To consider this we need to look at contract law and common law. There have been the
sale of goods, a lighting system and fuses system, which means we have both goods and services. Here we can look at the terms that implied by statue under the
Sale of Goods Act 1979 and also the sale of Goods and Services Act. The first term that we can assess is the assumption the good should be fit for
the purpose for which they are sold. The goods a sound system. The usual terms under section 14 (6) state that good should be fit for the purposes for
which they are usually put to and how it could be reasonably expected they would be used. There does not appear to be any unusual use here. The well known
case here is Grant v Australian Knitting Mills [1936] AC 85, the case of Henry Kendall & Sons v William Lillico & Sons Ltd [1969] 1 AC 31, [1968] 1
All ER 444 as well as more recently Aswan Engineering Establishment Co v Lupidine Ltd [1987] 1 All ER 135, [1987] 1 WLR 1. We can also use the sale
of goods and services Act as it may not be the lighting by only the installation that is at fault, in which case there is still a breach.
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