CIPS Foundation Course Slides

Supply of Goods and Services Act 1982

Section 13
The service will be carried out with ‘reasonable care and skill’.
Question – What would you deem to be reasonable care and skill
Lord Denning

Section 14
Where the time is not specified the service will be completed within a ‘reasonable time’.
Question – What would you deem to be a reasonable time for the following:
Mow your lawn
Build a garden wall
Build your house

Section 15
When a price is not specified the customer will pay a ‘reasonable charge’.
Question 1 – What would be a reasonable charge for a:
Mens Haircut
Women Haircut
Taxi from MK to London

Question 2
You and your partner go out for a meal and order from a menu that does not list prices. You receive your meal that was adequate but nothing special and a bill to follow for £250. What would you do in this situation? What is your legal position?

Section 16
Provides that exclusion or limitation of liability of these implied terms is subject to the UCTA1977

UCTA1977
Restriction of the extent of exclusion
Negligence can not be avoided
Death and injury
Other factors unless reasonable
Reasonability test

SGSA 1982
SUMMARY
Reasonable Care and Skill
Reasonable Time
Reasonable Charge

Contracts (Rights of third parties) Act 1999
The third part must be expressly or impliedly identified under the contact
The burden of proof is on the third party to prove that they were intended to be incorporated under the cotract.

QUESTIONS
Does a contract for work and materials fall under the sale of goods act?
How did Lord Denning clarify ‘reasonable care and skill’?
What are the implied conditions of a sale by sample?

Express terms
Damages can be sought when a company is in breach of contract to return the damaged party to the position they would have been in if the contract was fulfilled.
Unliquidated Damages – not specified
Liquidated Damages – max claim irrelevant of market conditions
Penalty Clauses – is it liquidated or unliquidated?

Penalty Clause
Presumption it is a penalty clause if:
The sum stipulated is extravagant and unconscionable
A single sum is payable on a number of breaches some trivial, some serious
If it is a sum payable for breach, where the breach is non-payment of money, and the sum stipulated is larger than the non-payment.

CIPS Foundation Course Slides

by Concise Courses

Accessibility

Categories

Upload Details

Usage Rights

1 Embed 3

Statistics

CIPS Foundation Course Slides Presentation Transcript