Free Law Dissertations - Legal Advice 1. The Shop Is Relying On An Exemption Clause. Customer A Is
Legal Advice
1. The shop is relying on an exemption clause. Customer A is likely to have a remedy against the shop under schedule 3 of the Unfair Terms in Consumer Contracts Regulations (1999) which disallows a business to exclude a consumer’s legal rights. In this instance, customer A may seek provision under the Sale of Goods Act 1979 s 14 (2) (goods must be of satisfactory quality) as amended by the Sale of Goods Act 1994 if the shop does not assist her.
2. Customer B may be able to rely on undue influence, the main case being National Westminster Bank v Morgan where it was held the claimant must not suffer from manifest disadvantage. Undue influence simply means unfair pressure on a party when forming a contract. The shop may argue there was no special relationship between the parties, in which case it is for customer B to prove this (Williams v Bayley). Following the decision in Lloyds Bank v Bundy, the question may be whether there was ‘inequality of bargaining strength’ the shop acted as an agency for the HP financers. In this case, the creditor (financers) may be unable to enforce the contract against customer B (Kingsnorth Trust v Bell) if customer B can successfully plea undue influence then the contract may be rendered voidable (set aside).
3. In relation to customer C, she may be able to rely on the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994, which states under s.13, that the goods must be as described (see: Beale v Taylor). There must be a reliance on the description of goods as decided in: Grant v Australian Knitting Mills Ltd, but in this instance the customer is entitled to a remedy against the shop.
4. Customer D is seeking to bring a complaint for fraudulent misrepresentation under the Misrepresentation Act 1967. Stating that the childminders were qualified is a false statement of fact (Bisset v Wilkinson). Defined in Derry v Peek, fraudulent misrepresentation is a statement where there are several factors, one of which is a ‘reckless statement made without caring whether it was true or not’. In this instance, the shop is liable for all damages, including all loss, to the customer (Smith New Court Securities v Scrimgeour Vickers).
5. Neighbours are seeking to complain over a private nuisance. It can be defined as: continuous, unlawful and indirect interference with a person’s enjoyment of land... Balance must be stuck between conflicting interests, namely the shop needing its deliveries and the neighbours’ peace in the morning. Has the duration being continuous? (Bolton v Stone) The shop being aware of the problem, if it fails to address the issue, then it may be liable for nuisance (Leakey v National Trust).
6. The shop has a duty of care under the Occupier’s Liability Act 1957, s 2 (1) towards visitors, in this case invitees to the shop (s. 1 (2)). The shop must take ‘reasonable steps to inform a visitor that an area is out of bounds.
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