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The first importance is establishing that a valid contract has been made between the two parties, Alfie and Garage

Extracts from this document...

Introduction

MARIO NARGI BUSINESS AND COMPANY LAW LEVEL 4 20 CREDIT POINTS MODULE LEADER : J.MARSON HAND IN : 25th Jan 2005 Problem 1: 947 words Alfie and the Local Garage Intro: Alfie needs a garage for a new clutch. For Alfie to know to take his car to this garage there must have been an invitation to treat by an advert of some sort displaying what the garage undertakes. Alfie decided to go in, he asked the garage to fix his car, an offer is on the table, the garage person accepts to fix the car and in return for the work of a new clutch, a sum of �400 is to be paid. The first importance is establishing that a valid contract has been made between the two parties, Alfie and Garage. These two parties have committed themselves to carry out specific terms; these are discussed when bringing the car into the garage. The garage has agreed to install a new clutch in the Jaguar XK8, and Alfie has agreed to pay the price given to him of �400. Alfie leaves the car, he has accepted the deal. It is later confirmed by paying the sum of money, even though the amount to be paid increases. Usually when taking a car into a garage and leaving it to be repaired, a written contract is rarely, if ever drafted together. ...read more.

Middle

so the conditions of bottling must be discovered, otherwise, if this process was out of his responsibility then Kat only has grounds to make a claim against the public house for the cost of the drink (which is easily dealt with). Previous case law regarding Donoghue v Stevenson (1932), the drinks contents wasn't the fault of the public house, but of the manufacturers. Alfie couldn't be expected to examine the bottle thoroughly. He would take it on trust that the contents of the bottle were to be as expected from a liquid drink. Terms: Kat has Express terms in the contract which are basically as follows: 1/ she will purchase an alcopop drink for a sum of money There are Implied terms in the contract which are not stated but it would be expected: 1/ that the alcopop drink doesn't do anything other than what's it's meant to, i.e., it shouldn't make her ill (unless it makes her drowsy due to excessive drinking) Appeal Grounds: Alfie should be excluded of liability as the fault will most definitely lie with the drink manufacturers. Negligence may have occurred here, this will need to be addressed as to whether the drinks manufacturer will be claimed against for negligence, breaching a duty of care, or both. Payn would say that "a person is negligent when he or she fails to act like the standard "ordinary reasonable person". ...read more.

Conclusion

Away from economic losses, Kat could try to claim for non-economic losses such as the pain and suffering that she has been caused and the continued pain and suffering she might endure. Emotional distress and discomfort anguish and the long lasting effect of not enjoying the social aspect of drinking with friends when she goes out could be a factor. She may always wonder what lies in the bottom of her next alcopop and can't enjoy her self as a shadow of worry could forever hang over her. She may be compensated for having to deal with this feeling all the time. Bibliography Keenan. D & Riches. S, (5th Ed, 1998), Business Law: "Contracts for the supply of goods and services," London: Financial Time Pitman Publishing Kelly. D, Holme. A (2nd Ed, 1997) Q&A Series Business Law: "The Law of Contract and Negligence," London: Cavendish Publishing Ltd Marsh. SB & Soulsby. J, (8th Ed, 2002), Business Law: "The Nature of a Contract in English Law," Cheltenham: Nelson Thornes Ltd Prime. T, (1990), Commercial Law: "Statutory Instruments and Case," London: Blackstone Press Ltd Redmond. PW, (7th Ed, 1993), Introduction to Business Law: "Formation of Contracts," London: Pitman Publishing Rose. FD, (1989), Statutes on Commercial Law, "Sales of Goods and Supply of Goods Acts," London: Blackstone Press Ltd Walker. B & Payn. T (1995) An Introduction To Business Law: "Contract and Tort," Cheltenham: Stanley Thornes (Publishers) Ltd www.law.freeadvice.com/general_practice/suing_being_sued/tort.htm www.litigationcenter.bna.com/pic2/lit.nsf/id/BNAP-5JYKPS?OpenDocument www.oasis.gov.ie/justice/civil_case/negligence_and_compensation.html www.pernet.net/~danat/negloview. ...read more.

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