Subject: Aspect of Contract SCENARIO 2 Brian is given, by his brother Paul, a ne
ID: 427640 • Letter: S
Question
Subject: 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 without any problems. The second time he uses the slow cooker, he puts it on 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 kitchen utensils and the kitchen units. The fire also badly damages the computer he uses for his business and his flat screen television (worth over £600) both of which had been on the kitchen units. The kitchen will need redecorating due to the smoke damage from the fire.
Advise Brian whether he can bring an action and what he can claim for:
(1) in contract, and /or
(2) in the Tort of Negligence, and/or
(3) under the Consumer Protection Act 1987.
.
Requirements:
1. What must Brian prove if he brings a claim based on the tort of Negligence Under CPA 1987?
2. What would he need to prove if claim based in tort of Negligence? What can he claim for?
3. Under the CPA 1987, what property damage can he claim? Are there any restrictions
Explanation / Answer
1.)Under CPA,1987 Brian needs to prove that the product was defective due to the negligence of the producer and that he followed all the safety as well as working instructions giben by the manufacturer.He also needs to prove that the product is relatively new and he is the third party victim since his brother gifted it to him, so he needs the invoice in the name of his brother for the slow cooker.
2.)Under The act of Negligence,Brian has to prove that the manufacturer did not take reasonable care in manufacturing the product and the product might be defective.Also he need to prove that he was not negligent while using it and followed the instructions carefully.
3.)Brian can only claim damags in excess to 275 euros,So inthis case he is eligible to claim the damage.The restrictions are that he cannot claim damage for purely economic losses.