Subject: Legal Aspect of Contract SCENARIO 2 Brian is given, by his brother Paul
ID: 349123 • Letter: S
Question
Subject: Legal Aspect of Contract
SCENARIO 2 Brian is given, by his brother Paul, a new Quality at Home' brand slow cooker from Best Goods Ltd Brian uses it for the first time witho ut any problems. The second time he uses the slow cooker, he puts iton as per the manufacturer's instructions and leaves his home to visit a friend. When he returns, the slow cooker is on fire which destroys the slow cooker, some kitc hen utensils and the kitthen units. The fire aso bady damages the computer he uses for his business and his flat screen teevision (worth over E600) both of which had been on the kit hen units. The kitchen will need redecorating due to the smoke damage from the fire. Advise Brian whether e canbringanacionandwhathecan daim for. (1)incontact and/ar (2) inthe TortofNegligerce anc/or B) undertheCorsumer Protection Act 1987. Can Brian bring a claim based on contract? Explain liability in contract compared with liability in tort . What must Brian prove if he brings a claim based on the tort of Negigence? . What must Brian prove to be successful in a claim based on the Consumer Protection Act 19877 . Whatare the possible remedies available to Brian? Would the manufacturer have any defences?Explanation / Answer
Brian can bring a claim based on contract. For a contract to be valid, it must have
Through the purchase of the slow cooker, there is a contract between Brian and Best Goods Ltd company. The condition (most likely) mentioned in the contract was to follow the instructions while using the slow cooker. Given by the case, Brian followed that instruction but the cooker did not behave as expected. As a result there was a breach of contract and Brian can bring a claim.
Liability in contract is the responsibility to make sure that the terms of contract is met. For example, Brian's liability was to make sure that he follows instruction and Best Goods Ltd responsibility was that the cooker will function as per specifications.
Liability in tort on the other hand rises from violation of duty towards safety and security. For example, causing personal injury or property damage will be considered tort.
In order to prove tort of negligence Brian must prove that Best Goods Ltd had a duty of safety towards its customer through quality control and proper instructions. He must prove one or more of the following
In order to be successful in a claim based on consumer protection act 1987, Brian must prove that the item sold to him was defective and because of its defective nature it has caused damages to his property.
The possible remedy available to Brian is to file two separate lawsuits. One for the contract violation, other for the tort of negligence. However, he could choose between tort of negligence or consumer protection option.
Manufacturer may have a defense if they can prove that the risks and the instructions have been included in the documents included in the warranty documents, instructions and safety manual.