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Dodgy developers are looking to claim compensation from office suppliers for delivering there workstations later than contracted, which in turn resulted in dodgy developers refurbishment being late and thereby they suffered loss.

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Dodgy developers are looking to claim compensation from office suppliers for delivering there workstations later than contracted, which in turn resulted in dodgy developers refurbishment being late and thereby they suffered loss. Dodgy developers had a contract with office supplies, which stated that office supplies would deliver the workstations on Monday the 28th of November. The contract was made over the phone and it can be assumed that this contract was binding. After this contract was made office supplies sent out there terms and conditions. On trying to seek damages from office supplies for the workstations being late resulting in loss, office supplies referred dodgy dealers to their terms and conditions one of which stated that they would not be liable for any losses or damage however caused. However these terms can be considered void as dodgy developers received them after the initial contract was made. In the text it says as a result of the conversation i.e. the initial making of the contract, office suppliers sent out there terms. ...read more.


The text states that dodgy developers rang office supplies, whom they usually worked with projects of this nature, and in the first line of the text we are told that dodgy developers refurbish derelict premises regularly, so the reasonable man could assume that there is sufficient evidence to suggest that there is consistent course of dealings between dodgy developers annd office supplies. This situation is mimicked in the case of Spurling v Bradshaw (1956) where by the parties had been doing business with each for many years, the defendant delieverd goods to the claimants, a few days after the delivery he received a receipt of the goods, which also reffered him to the clauses on the back which exempted the plaintiffs from "any loss or damage occasioned by the negligence, wrongful act or default" there was a problem with the goods and there was a claim made against him as he refused to pay for the faulty goods. The defendant then counterclaimed, and in respose the plaintiffs pleaded the exemtion clause. ...read more.


In conclusion dodgy developers in my opinion do not have grounds to sue office supplies for the loss as a result of there workstations being late, as although there was lack of notice there is evidence to suggest there was previous meetings which warrants the clause to be incorporated into the contract. And the clause states that office supplies are not liable for any damages caused to their products. With regards to shifty shifters, the privity rule states that no third party can sue or be sued in a contract, as they have no rights or obligations within the contract as seen in Tweedle v Atkinson. As we have already ascertained office supplies exclusion contract is valid and so this exclusion clause also protects there sub contractors from liability. The contract (rights of third parties) act 1999 enables third parties to obtain the benefit of an exclusion clause in a contract, if the contract states that its sub contractors will be protected. Therefore shifty shifters are not liable as they are protected by office supplies exclusion clause, which we have already found is valid. ...read more.

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