CIPS Foundation Course SlidesPresentation Transcript
Supply of Goods and Services Act 1982
The service will be carried out with ‘reasonable care and skill’.
Question – What would you deem to be reasonable care and skill
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
When a price is not specified the customer will pay a ‘reasonable charge’.
Question 1 – What would be a reasonable charge for a:
Taxi from MK to London
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?
Provides that exclusion or limitation of liability of these implied terms is subject to the UCTA1977
Restriction of the extent of exclusion
Negligence can not be avoided
Death and injury
Other factors unless reasonable
Reasonable Care and Skill
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.
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?
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?
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.