Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Liability for Supply of Defective Product - Assignment Example

Comments (0) Cite this document
This paper under the headline "Liability for Supply of Defective Product" focuses on whether Paul Price is entitled to claim damages for the defective product under the Sale of Goods Act 1979 as it was amended by the Sale and Supply of Goods Act 1994? …
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.8% of users find it useful
Liability for Supply of Defective Product
Read Text Preview

Extract of sample "Liability for Supply of Defective Product"

Download file to see previous pages Paul Price has the right to demand the repairing of the Actifrys or ask for a replacement or demand for a credit note. If any customer has incurred any pecuniary losses due to the usage of such faulty products, the retailer has every responsibility to make good the loss sustained by Paul Price. Under Limitation Act 1980, a customer has up to six years to initiate legal proceedings against the retailer for the supply of the defective product. (Bhatia, 2008:458). APPLICATION The Sale of Goods Act (Amended) will be applicable to all transactions where products are transferred for consideration or price. Contracts of sale may be either implied or expressed with stipulations concerning any contract, or refer to mere consumer contracts. Nonetheless, once it has been decided that the Sale of Goods Act is applicable to a transaction, there are some stipulations implied in the sale by the Act. A seller cannot avoid these stipulations. For each sale of products, the Sale of Goods Act 1979 stipulates that wherever there is a sale of products by the depiction, there exists an implied stipulation simultaneously that the products offered will have to be identical to their description. Thus, the seller must offer the consumer what has been advertised. S.13 of the Sale of Goods Act 1979 (amended) is applicable to all sales, whether by business or individuals. Anyone who offers a product to another will be covered. S.13 is applicable to all products with no concern over purchasing scenario. S.13 is a significant section as it offers the right to a consumer either to obtain a refund or to reject a product. The consumer has the right either to accept or reject a product and is not at the mercy of a seller. S.30 of the Act offers protection to a consumer where the products are not corresponding to the description, and also offers a relief to the buyer if the quantity or description of the products differs from what has been advertised or requested. S.14 of the Act stipulates that product sold should be of merchantable quality. If a consumer purchased the product after 2003, he has every right to request either to repair or replace the defective products within 6 months of receiving the products. (Bryan, 2009:16). Even if the shop where the purchase was made had included an exclusion clause limiting liability, still the shop cannot escape from the liability to Paul Price. Exclusion clause cannot offer any protection to the seller even when exclusion clause tries to shun accountability to consumers. The sellers usually will incorporate the exclusion clause into the contract by trying to have a blanket avoidance of any accountability to the buyers for any detriment, loss, injury or damage, and even in case of death. In the majority of cases, courts have declined to implement such clauses if they are not brought to the attention of the buyer at the time of signing the contract or if the exclusion clause imposes unduly exorbitant or onerous penalties. Further, as the exclusion clauses are so damaging to the rights of the consumers, courts will always have narrow interpretation, and this is known as “contra proferentem“ rule under English Law. (Jones & Benson, 2011:298). In “Curtis v Chemical Cleaning Co [1951] 1 KB 805”, it was held that a signed contract with an exclusion clause could be made ineffective if there was a misrepresentation by the seller.  ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
(Liability for Supply of Defective Product Assignment, n.d.)
Liability for Supply of Defective Product Assignment. Retrieved from
(Liability for Supply of Defective Product Assignment)
Liability for Supply of Defective Product Assignment.
“Liability for Supply of Defective Product Assignment”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Liability for Supply of Defective Product

Strict Liability of Law Philosophy

The use of the strict liability is also justified on the ground on of adoption of legal policies which attains a socially desirable purpose which the legislative body has the sole prerogative to promote and protect in the pursuit of public welfare. Arguments for and against the thesis using decided cases and other author’s views will also be discussed and resolved any issues will follow on the basis of whether there is enough ground or to uphold the thesis of this paper.
Strict liability rule first is beneficial to society. In at least two decided cases this theory was clearly shown by the courts. The first is the case of United States V. Balint et al., 258 U.S. 250 (1922). The facts of the said case had it that “...
7 Pages (1750 words) Coursework

Strategic Opportunities for E-commerce Enabled Supply Chains

Scaling the e-business in IT infrastructure is important because it reduces the cost and expenses to interact with the customers and suppliers. It also helps in maintaining and in management of the e-business. 

“As your environment begins to evolve, it is important to recognize the value of horizontally scaling your platforms and applications to support increased loads and service requirements. As the concurrency and complexity of your systems grow, the greater the need becomes to support policy-based routing, application and data caches, as well as load balancing hardware and software.” (Whitepaper; August 2001)

From very starting there was a need for those applications that can be used to c...
9 Pages (2250 words) Report

The Launch of Kones New Product

Political: 90% of Kone’s sales come from international markets. This makes it very vulnerable to political stability in its global markets for example Italy is one of the markets of Kone and elevator regulations are governed in Italy by parliament. Thus, to bring MonoSpace i.e. an elevator without a machine room in compliance with standards, it would require an act by the parliament.
Economical: The performance of the elevator industry is directly proportional to the performance of the construction industry. The construction industry has a maximum potential in developing countries rather than in developed countries. The reason for this is that the developed countries have maximized their growth potential whereas the dev...
12 Pages (3000 words) Case Study

American Airlines: Supply Chain Nightmare

For this reason, it is necessary that all business sectors are carefully reviewed – as often as possible – for the appropriateness of their structure and their daily needs; managers may fail to evaluate with accuracy their firm’s needs, a fact that can cause the failure of plans applied on the relevant organization (Hardless, 2005). On the other hand, the needs of various organizational departments are different; the methods used for the improvement of a firm’s activities should be flexible taking into consideration the characteristics of the specific organizational sector, its strengths/ weaknesses but also its role in the development of the firm’s activities. Boeing is a firm with a long presence in...
15 Pages (3750 words) Case Study

Gross Domestic Product and the Nations Competency in Terms of Economic Welfare

It is often used to compare the economic performance to aid as a prediction tool and to analyze the business cycles and the recessive and expansive economic performances within them. This further aid economic and fiscal policy formulation of the government and is also used to analyze the consumer behavior and the economic phenomena involved. (Heakal, R. 2008).These figures can be a benchmark to compare economies of different nations and the economic prediction process is also made possible.

A usual pattern of assessing the Gross Domestic Product is to have an initial GDP report on every quarter which is an advance report. Two corrective reports follow this before the final figures on GDP are arrived at. It usually takes...
7 Pages (1750 words) Report

Relationship between Money Supply and Inflation in Saudi Arabia

Over the recent past, the effects of money supply, debt and inflation have become contentious issues for debate. Furthermore, frequent cautions concerning the risk of very large budgetary deficits aver that this would send up the upcoming state debt and capital rate as indicated by the rates (interests). As a nation, Saudi Arabia has a bi and enduring budgetary deficit over the past two decades and the government has been forced to go into the market so as to have loan access and to make up for the deficits. Given the impact of this on inflation and other economic variables, it's imperative and of great alarm for strategy architects (strategists) to understand how microeconomics has an effect on money supply, financial plan defici...
10 Pages (2500 words) Speech or Presentation

Green Product that Could be Offered in the Market

...Green Product or Service Wal-Mart is well known for its every day lowest prices products. It manages to provide these low costs because of its well optimized supply chain management. However, Wal-Mart has also come to be known for its initiatives in sustainability. The company started this initiative in 2005 as Lee Scott, the CEO, believed that “being a good steward of the environment and being profitable are not mutually exclusive. They are one and the same”. ( Thus, the company recognized the importance of going green on sustainability much before the others in the business. As per their report, “ASDA Bootle is the first zero waste to landfill store in the UK, diverting 95% of the waste from landfills” (
6 Pages (1500 words) Essay

Supply Chain Management: Conceptual Supply Network

A supply chain is a basic element of the growth of the manufacturing period. So far both could not work without it. A recent development in this era of new business strategies that must minimize risk in business by using friendly environment machinery, social acknowledgment as the requirement of the Government to the smooth and sequential running of a business operation. (Amlan M., Helen M., 2010). The supply chain could improve the cash transaction, manufacturing cost of materials, and communication flaws by planning of the company’s coordination to correlate finance, the society that helps to end-user and stakeholders. (Craig C., Dale R., Nov 2007) ( Seuring & Müller, 2008) (Lutz P., 2009).

Supply chai...
8 Pages (2000 words) Term Paper

Logistics and Supply Chain Strategy

Sustainability increases the mode of rail and sea freight and intermodal transport. The demand characteristics in some cases influence the choice of transport mode and even the need for safety stocks. The appropriate logistic strategy is essential for any organization as the manufacturing lead time is affected by the product characteristics and design. Globalization is a factor that causes longer lead times as a result of longer distances (Chan and Lee, 2005, p.78). The basis for any logistic strategy is the product. The product pricing is affected by the choice of transport mode. The production flow is smoothened with good demand predictability. Demand predictability is improved with the help of information technology through gre...
6 Pages (1500 words) Assignment

Purchasing and Supply

In numerous industrial sectors, the trend has been moving away from adversarial or arms-length supplier relationships to relational or obligational contracting forms of relationship, such as outsourcing. Boeing is one company that has embraced this trend as evidenced by the production of its 787 Dreamliner aircraft. As a way of reducing their aircraft timeline to 4 years from 6 years, Boeing began to outsource parts and to sub-contract other companies internationally. However, as stated by Brandes et al (1997), outsourcing tends to have the most success if it is based on strategic decisions including cost efficiency and core competency considerations, instead of being solely prompted by financial troubles. 
Whereas Boein...
6 Pages (1500 words) Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Assignment on topic Liability for Supply of Defective Product for FREE!

Contact Us