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Contract law assignment - Essay Example

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It therefore starts with the presentation of the case facts, followed by the identification of the issues and then the analysis and resolution of the issues by…
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Contract law assignment
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Download file to see previous pages She intends to use the machine both for her restaurant and for family meals.
One of the clauses in the sales contract, which is drafted in technical legal language, read as follows: “Electromart cannot be held responsible for any loss or injury whatsoever caused by any defects in the manufacture or design of any goods sold.”
Melinda also enters into an on-site service contract for an extra £45. In the service contract Electromart agrees to repair the dishwasher if it breaks down within one year of purchase. One of the clauses in the service contract provides: “The customer bears all the risk of all repairs and nether Electromart nor any of its employees whatsoever accept any liability for any injury, damage or consequential loss, howsoever caused, arising out of any work done or omitted to be done in respect of any insured product.”
1. May a seller (not the manufacturer) of a manufactured product avoid liability from defects of the product by including in its contract the following clause: “Electromart cannot be held responsible for any loss or injury whatsoever caused by any defects in the manufacture or design of any goods sold.”
2. May Electromart avoid liability as repairer of the product it sold to Melinda by providing in the contract the following clause: “The customer bears all the risk of all repairs and neither Electromart nor any of its employees whatsoever accept any liability for any injury, damage or consequential loss, howsoever caused, arising out of any work done or omitted to be done in respect of any insured product.”
Under the given facts, two days after the machine is delivered the dishwasher floods, causing £2,000 damage, and £200 lost business in the restaurant. With only two days having passed when the machine was a delivered, it would be very correct to conclude that he machines was defective especially that facts ...Download file to see next pagesRead More
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