Business Law
The objective of this work in writing is to examine the case study and to answer the three following questions based on the information provided and the relevant consumer laws governing such defective product purchases.
Paul Price is clearly concerned about the Tefal Actifry. Explain to Paul Price about his rights regarding the Sale of Goods Act 1979 (amended). In your answers you are required to refer to the relevant sections of the Sale of Goods Act (SOGA) and relevant case law. Assuming the shop where the purchase was made had included an exclusion clause limiting liability briefly explain whether the company could rely on this clause.
The Sale of Goods Act (1979) is applicable to contracts of sale of goods which is where the "seller transfers or agrees to transfer the property in goods to the buyer for a money consideration, called the price." (Sale of Goods Act, 1979) The contract may be either "absolute or conditional." (Sale of Goods Act, 1979) Where under a contract of sale 'the property in the goods is transferred to the seller by the buyer the contract is called a sale." (Sale of Goods Act, 1979) In regards to implied terms about quality or fitness the Sale of Goods Act (1979) states as follows:
"Subject to this and any other Act, there is no implied condition or warranty about the quality or fitness for any particular purpose of goods supplied under a contract of sale. Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he is the manufacturer or not), there is an implied condition that the goods will be reasonably fit for such purpose, except that in the case of a contract for the sale of a specified article under its patent or other trade name there...
As a result Sandra a keen gardener has not been able to work in her garden and Dave has not been at work for over a month. The kitchen will also need to be re-decorated. Paul and his parents are convinced that their condition was caused by the faulty Actifry chip fryer. Explain to Dave and Sandra the relevant principles of tort law; advise them on the course of action that could be taken, and whether Tefal has any liability for negligence in relation to them.
A products liability lawsuit enables the individual to prosecute a case against reckless, incompetent or negligent manufacturers. Product defect cases are based on strict liability rather than on negligence. Even where the manufacturer exercised the standard of great care, a defect in the product results in the manufacturer retaining liability which means that the consumer does not have to prove fault on the part of the defendant but instead has to prove that the product was unreasonably dangerous or defective and that an injury resulted from the product. Product claims can be brought under three primary theories including:
(1) Design defects in which liability arises due to an oversight or mistake in the product design resulting in the product being dangerous when use as it was intended;
(2) Manufacturing defects in which liability arises from a defect that results…
