Plagirism is Prohibited Course Legal Aspect of Contract SCENARIO 2 Brian is give
ID: 428234 • Letter: P
Question
Plagirism is Prohibited
Course 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 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.
A, Can Brian bring a claim based on contract? Explain liability in contract compared with liability in tort.
B. What must Brian prove if he brings a claim based on the tort of Negligence?
C. What must Brian prove to be successful in a claim based on the Consumer Protection Act 1987?
D. What are the possible remedies available to Brian?
E. Would the manufacturer have any defences?
Explanation / Answer
The liability in a contract can arise only when the parties to the contract breach the contract. Breach means where one party did not perform the action that is required to be done under the contract.
A tort on the other hand is a civil wrong that unfairly causes someone else to suffer the loss or harm resulting in legal liability for the person who commits the act.
The manufacturer must take legal advice. The manufacturer must try to establish the facts of the case if there is reasonable chance of defending the claim or reducing any liability.
If the claim is almost valid it will always be worth negotiating to settlement rather than going to trial. Given the risks & the costs involved in going to court, it can sometimes be worth negotiating a settlement even if the manufacturer feels that there is good defense.